If you have a kid in daycare, a preschooler in after-care, or a summer camp bill hitting your calendar this month, the tax-free bucket you can use to cover it just got its first raise in 40 years. The pre-tax cap on a dependent care FSA, the workplace account where you pay for eligible child care with pretax dollars, moved from $5,000 to $7,500. Married filing separately went from $2,500 to $3,750.
For most working parents in the 22 percent federal bracket, that extra $2,500 of pretax room is worth about $740 in tax you do not pay this year (roughly $550 in federal income tax plus $191 in FICA). In the 24 percent bracket, closer to $790. Real money for expenses you are already writing checks for.
Smart change.
Here’s the catch: it’s not automatic. Your employer has to formally amend the plan to raise the cap. The law lets them. It doesn’t force them. If your HR team did the amendment before your 2026 open enrollment closed, your election might already be $7,500 and you didn’t notice. If they waited, or skipped it, your cap is still $5,000. The deadline for employers to adopt the new limit for 2026 is December 31, 2026.
So there are three scenarios. Read the one that fits.
Your employer amended it and let you elect the new limit. Good. If you elected less than $7,500 because you did not know the change was coming, ask HR whether your plan permits a mid-year election bump and what qualifies as the triggering event. Some plans do allow a bump when the statutory cap moves. Most do not. If not, plan to elect $7,500 at the next open enrollment for 2027.
Your employer amended it, but you already elected under the old rules. Same drill. Ask HR about a mid-year increase. If denied, this year stays at what you elected. Next year is up to you.
Your employer has not amended the plan. You are stuck at $5,000 for 2026, and probably $5,000 until they act. Ask HR when they plan to amend and push for a decision before fall open enrollment. The amendment is a paperwork exercise, not a benefits cost. Not amending means every eligible working parent at the company is leaving pretax money on the table. That’s dumb math and it’s your leverage.
A note on eligibility, because the rules trip people up: the child has to be under 13 and the care has to be so both parents can work or look for work. Overnight camp does not count. Day camp does. Nanny wages, daycare center, before-and-after school, and summer day programs count. Enrichment classes and tutoring do not. Amazon gift cards for a babysitting cousin do not either.
There’s also a wrinkle worth flagging: the $7,500 is not indexed for inflation. The old $5,000 was not either, which is how it sat there for four decades. Enjoy the raise. Do not assume the number moves again in 2027.
Do this now if you haven’t:
- Ask HR whether your dependent care FSA cap for 2026 is $5,000 or $7,500.
- If it is still $5,000, ask when they are amending and push for a decision before fall open enrollment for 2027.
- Sum your 2026 out-of-pocket child care (daycare + summer camp + before-and-after school) and decide whether $7,500 is even the right election for you. Dependent care FSA money is use-it-or-lose-it, so do not elect more than you will spend.
- Save receipts. Reimbursement claims need proof.
The bigger point: Congress raised the cap. Your employer decides whether you get it. That’s not the story you’re used to hearing, but it’s the one that decides what shows up on your W-2 next January.
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Sources
- Big Beautiful Bill permanently enhances dependent care benefits (Mercer)
- Dependent Care FSA Limit Increased to $7,500 for 2026 (National Law Review)
- Actions to Take Early in 2026 If You Increased Your Dependent Care FSA Max (Bricker Graydon)
- Dependent Care FSA Maximum Will Be Raised in 2026 (NIS Benefits)
- Advisory: Dependent Care FSA Limit Increased to $7,500 for 2026 (Hall Wilkerson Hood law firm)