42.15.427    DEDUCTION FOR HOUSEHOLD AND DEPENDENT CARE EXPENSES

(1) For a married couple to claim a deduction for qualified employment related household and dependent care expenses, both spouses must be gainfully employed. For the purpose of his deduction gainful employment means:

(a) full-time, part-time or temporary employment where both of the spouses are employed at the same time.

(b) full-time, part-time or temporary employment where one of the spouses is employed and the other is unable to care for himself/herself because of physical or mental illness.

(2) Household and dependent care expenses are employment related expenses for the periods of time in a day a taxpayer is gainfully employed.

History: 15-30-2620, MCA; IMP, 15-30-2131, MCA; NEW, 1987 MAR p. 1642, Eff. 9/25/87; AMD, 2010 MAR p. 1088, Eff. 4/30/10.