Updated April 2026 · Florida Plan Finder · Licensed Florida Health Insurance Producer

Dependent Care FSA Tax Savings for Florida Small Business Employees

A Dependent Care Assistance Plan (DCAP), commonly called a dependent care FSA, lets a Florida small business offer employees up to $5,000 per year in pre-tax salary reductions for childcare, after-school care, day camp, and adult dependent care expenses. Both the employee and employer save 7.65% FICA on every dollar that runs through the account. Setup is typically free or very low cost when added to an existing Section 125 plan, and the employer FICA savings can completely offset the per-employee admin fee in groups of 10 or more.

2026 DCAP Contribution Limits

Filing StatusAnnual Limit
Married filing jointly OR single head of household$5,000
Married filing separately$2,500

The limit is per household, not per employee. If both spouses have access to a DCAP, they combine for one $5,000 cap.

Qualifying Expenses

Excluded: overnight camps, kindergarten tuition, school tuition for K-12, evening babysitting unrelated to work.

FICA Savings Example

10 employees each electing the maximum $5,000 = $50,000 of pre-tax salary reductions:

If the DCAP admin fee is $4/employee/month = $480/year for 10 employees, the FICA savings still net the employer ~$3,345.

Nondiscrimination Tests

DCAPs are subject to a 55% average-benefits test: highly compensated employees cannot receive more than 55% of total benefits paid. Most small Florida businesses pass easily because participation is broad. The test is at year-end. Failed tests result in HCEs being taxed on excess benefits.

Coordination with the Child and Dependent Care Tax Credit

Employees cannot double-dip: expenses paid through a DCAP cannot also be claimed for the federal Child and Dependent Care Credit (Form 2441). For most middle-income Florida families, the DCAP is more tax-efficient than the credit because the DCAP saves both income tax AND FICA, while the credit only reduces income tax. Higher-income families with limited credit benefit usually prefer the DCAP.

Frequently Asked Questions

What if an employee elects $5,000 but only spends $3,500?

Use-it-or-lose-it applies. Unspent funds are forfeited at the end of the plan year (or grace period if elected). Some Florida employers add a 2½-month grace period to give employees more time to spend. The forfeited funds remain in the plan and offset future admin costs or are returned to the employer.

Can I run a DCAP without having a Section 125 plan first?

No — a DCAP is one component of a Section 125 cafeteria plan. The Section 125 plan document must include the DCAP terms. If you don't already have a Section 125 plan (premium-only plan or full FSA), you'll need to establish one first.

Do owners qualify for the DCAP?

Sole proprietors, partners, and >2% S-corp shareholders are excluded from cafeteria plans and therefore cannot participate in a DCAP. C-corp owner-employees can participate like any other employee. Owners outside C-corp may use the Form 2441 dependent care credit instead.

Add a Dependent Care FSA to Your Florida Small Business Benefits

A licensed Florida broker can amend your Section 125 plan to include a DCAP at minimal cost.

Get a Consultation
Licensed Florida Health Insurance Producer · NPN #21249133
DCAP rules are governed by IRC Section 129. Consult a payroll provider or benefits administrator for plan setup.