Offering family-friendly benefits can be a powerful way to attract and retain talented employees, and employer-provided childcare is often high on the list for working parents. While the cost has traditionally put this benefit out of reach for many small businesses, recent tax law changes significantly increase the available tax credit. Beginning in 2026, employers may find it much more affordable to open or expand a childcare facility, partner with a childcare provider or join with other businesses to offer childcare services. Here’s what you need to know about the expanded childcare tax credit.
Recent changes
Under Section 45F of the tax code, employers may claim a tax credit for eligible expenses paid or incurred to provide childcare to employees. For 2026, the credit has increased from 25% to 40% of an employer’s qualified childcare facility expenditures, plus 10% of its qualified childcare resource and referral expenditures paid or incurred during the tax year. It’s limited to a total of $500,000 per tax year (up from $150,000 for 2025). Beginning in 2027, the $500,000 limit will be adjusted annually for inflation.
The credit has been further enhanced for certain small businesses. If you meet the eligibility requirements, you can claim a credit equal to 50% of qualified childcare facility expenses, plus 10% of qualified resource and referral expenditures, up to a maximum of $600,000 for 2026 (annually inflation-adjusted going forward).
Eligible small businesses are generally those that had average annual gross receipts for the previous five tax years below an inflation-adjusted threshold. For 2026, the threshold is $32 million.
Also, eligible small businesses can now pool their resources to provide childcare for their employees and to use third-party intermediaries to facilitate childcare services. These options may make the credit more accessible to businesses that can’t justify operating their own facilities.
Qualified expenditures
Qualified childcare facility expenditures are amounts paid or incurred to:
- Acquire, construct, rehabilitate or expand property that’s 1) to be used as part of your qualified childcare facility, 2) depreciable or amortizable, and 3) not part of your principal residence or an employee’s home,
- Operate your qualified childcare facility, including the costs to train and compensate its employees and provide scholarship programs, or
- Contract with a qualified childcare facility to provide eligible services to your employees.
It’s important to note that qualified childcare expenses exclude amounts that exceed the fair market value of providing such care.
A qualified childcare facility is one that meets all state and local regulatory requirements. In addition, the facility 1) must be used principally to provide childcare (unless it’s also the personal residence of the person who operates it), 2) must be open to all employees during the tax year, and 3) can’t discriminate in favor of highly compensated employees. And, if the facility is your principal trade or business, at least 30% of enrollees must be your employees’ dependents.
Additional rules
To avoid doubling your tax benefits from the same expenditures, your tax basis in any qualified childcare facility is reduced by the amount of the credit attributable to facility-related expenditures. You also can’t claim other deductions or credits based on the same expenses.
In addition, if your childcare facility ceases to operate as such or undergoes a change in ownership before the tenth tax year after the tax year in which it’s placed in service, you may have to recapture (pay back) some or all of the credit. The percentage of the credit that must be recaptured decreases gradually over the 10-year period.
The Sec. 45F credit is part of the general business credit, which is composed of more than 30 separate tax credits that are subject to combined limits based on your tax liability. So the amount you can use in the current year may be limited. However, any unused credit can generally be carried back one year and carried forward for 20 years. The credit is calculated and claimed on Form 8882, “Credit for Employer-Provided Childcare Facilities and Services.”
Look before you leap
Providing child care for your employees can be a major long-term investment. Although the recent enhancements to the employer-provided childcare credit help make this benefit option more feasible, it isn’t right for every employer. You should also consider workforce demographics, operational costs, available providers, and the associated risks and responsibilities. Even when outsourcing, you’ll have to exercise due diligence to select a reputable provider, monitor service quality and make changes as necessary.
If you’re interested in more information about this expanded childcare tax credit or pursuing this family-friendly benefit, we can help you evaluate the pros and cons and model the credit’s potential value. Contact us for assistance.
