Is your homeschool program running a daycare?

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True story: A homeschool program was meeting at a church one day a week. They provided nursery care and a preschool for younger siblings of the homeschool students enrolled in the program. The church also had a preschool program operating as a licensed daycare. One day while a state inspector was visiting the church’s preschool, he noticed another group of young children in another hallway.

“What’s that?” he asked.

“Well, those are the children involved in a homeschool program that meets here,” was the reply.

The inspector visited the homeschool program to ask a few questions to determine if the homeschool program was running an unlicensed daycare!

Is your homeschool program running an unlicensed daycare? Should your homeschool preschool be licensed?

It pays to take a little time to check your state laws regarding allowable exemptions from being licensed.

I checked out the laws regarding childcare or daycare licensing in my state of Ohio.

Some examples of programs which do not require licensure (in Ohio):
• Care provided in a child’s own home;
• Programs which operate two weeks or less a year;
• Programs where parents remain on the premises (unless at the parent’s employment site);
• Specialized training in specific subjects, such as art, drama, dance, swimming, etc.
• Programs which operate one day a week for no more than six hours.

So a homeschool program in Ohio might qualify to run a childcare program without being licensed if the parents remain on the premises or the program operates only one day a week for less than 6 hours. The other criteria of specialized training may apply as well, but a lot of homeschool programs do not specialize; they offer a variety of educational classes.

Check out your state laws regarding daycare licensing. Every state is different!

Carol Topp, CPA

 

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Are homeschool co-op fees childcare tax deductions?

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Carol,

A parent asked me for our tax ID number to give to her accountant for listing out tuition as a childcare expense. Is this common practice? Is it the EIN that she’s asking for? Should I give it to the accountant directly? We are 501(c)(3) state-registered corporation.

–Lisa C

 

Lisa,

The parent is asking for your EIN (Employer Identification Number), but the tuition and fees she pays to your homeschool program are (probably) not tax deductible.

IRS Pub 503 Child and Dependent Care expenses make it clear that tuition/education expenses are not child care and are not tax deductible.

Expenses to attend kindergarten or a higher grade are not expenses for care. Do not use these expenses to figure your credit.
However, expenses for before- or after-school care of a child in kindergarten or a higher grade may be expenses for care.
Summer school and tutoring programs are not for care.

If the child was in preschool at your co-op, then, maybe, the portion for the child’s preschool expenses could be childcare. By the way you may need to check your state laws to see if you are required to be licensed as a daycare.

But the child car tax deduction is only allowed for the parent to work. Was this mom going to work while her preschool daughter was at co-op? If yes, then it’s childcare; if no, then it’s not childcare and not eligible for a tax deduction.

I recommend that you not give her your EIN and explain that her tuition and fees to your homeschool organization are not child care expenses and not tax deductible.

In reality, she could find your EIN on the internet if she knew where to look, but it’s more important that you explain that tuition and fees are not tax deductible child care expenses.

Carol Topp, CPA
HomeschoolCPA.com

 

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