TurboTax software is set to enter your husband as the lower net income (including zero income), who must claim the child care expenses as suggested by the CRA.
As per the Canada Revenue Agency (CRA) there may be a way to do so but you will need to get support from a physician. Please see the examples below which are reversed from your situation as you are the higher income spouse.
Example – Person with the higher net income claims the deduction
My husband will have to pay a lot of tax this year. Can he claim the day care expenses instead of me?
Generally, the person with the lower net income (including zero income) must claim the child care expenses.
However, if your spouse or common-law partner has the higher net income and one of the conditions below apply, he can make the claim for child care expenses at line 21400.
- You are enrolled in an educational program that is offered by a secondary school, college, university, or other designated educational institution. This includes any institution certified by the Minister of Employment and Social Development Canada for courses that develop or improve occupational skills. An eligible program has to last at least three consecutive weeks. A full-time educational program requires students to spend at least 10 hours a week on courses or work in the program. A part-time educational program requires students to spend at least 12 hours in a calendar month on courses in the program.
- You were not capable of caring for children because of an impairment in physical or mental function. You must have been confined for a period of at least two weeks to a bed or wheelchair, or as a patient in a hospital, or other similar institution. A statement from the attending physician certifying this information must be attached to your spouse's or common-law partner's claim.
- You were not capable of caring for children because of an impairment in physical or mental function, and this situation is likely to continue for an indefinite period. A statement from the attending physician certifying this information must be attached to your spouse's or common-law partner's claim.
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