HR7922119th CongressWALLET

Small Business Dependent Care FSA Opportunity Act

Sponsored By: Representative Smith (NE)

Introduced

Summary

A tax credit to help small employers set up dependent care flexible spending accounts (FSAs). This bill would create a nonrefundable tax credit to reimburse eligible small employers for startup and employee-education costs of establishing a dependent care FSA.

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  • Small employers would get a credit equal to their qualified startup costs for the year the plan starts and the two following taxable years. The annual cap is the greater of $500 or the lesser of $250 per non-highly compensated eligible employee or $5,000.
  • Workers and families could gain access to employer-sponsored dependent care FSAs because the credit targets employers that did not maintain a similar plan for substantially the same employees in the prior three taxable years.
  • For tax administration the credit would be added to the general business credit and only applies to amounts paid or incurred after enactment.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Small business dependent care credit

If enacted, eligible small employers would be able to claim a nonrefundable tax credit for startup costs to set up or run a dependent care flexible spending account (FSA). The credit would equal your qualified startup costs paid or incurred in a taxable year, subject to limits in the first credit year and the two taxable years immediately following. In those three years the dollar limit would be the greater of $500 or the lesser of $250 per non‑highly compensated employee eligible to participate and $5,000. The credit would be zero in any other taxable year. Qualified startup costs would mean ordinary and necessary expenses to establish or administer the dependent care FSA or to educate employees, and the plan must have at least one eligible non‑highly compensated participant. The credit would be treated as part of the general business credit for claiming on tax returns and would apply only to amounts paid or incurred after enactment in tax years ending after that date.

Sponsors & CoSponsors

Sponsor

Smith (NE)

NE • R

Cosponsors

  • Davis (IL)

    IL • D

    Sponsored 3/12/2026

  • Moran

    TX • R

    Sponsored 3/12/2026

Roll Call Votes

No roll call votes available for this bill.

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