DCAP Nondiscrimination Test
Run the ratio percentage, 55% average benefits, and 25% owner concentration tests against your dependent care assistance program (DCAP) — free, per the proposed REG-101355-26 rules, with the $7,500/$3,750 IRC §129(d) limits built in.
Common Questions
What is a DCAP nondiscrimination test?
A dependent care assistance program (DCAP) — often called a dependent care FSA — cannot disproportionately favor highly compensated employees (HCEs) or more-than-5% owners. This tool runs the three tests proposed for that purpose under REG-101355-26 against your own employee counts and benefit amounts.
Is REG-101355-26 final?
No. REG-101355-26 (91 FR 16314) is a PROPOSED Treasury regulation, published August 11, 2026, and is not yet final as of this tool’s publication. The IRS may change these rules before finalizing them — treat a result from this tool as a reading of the proposed rule, not a settled determination.
What is the 55% average benefits test?
IRC §129(d)(8) is a separate, mandatory nondiscrimination rule — not an alternative to the ratio percentage test, and not optional if the ratio percentage test already passes. It requires that the average dependent care benefit paid to benefiting NHCEs, divided by the average benefit paid to benefiting HCEs, be at least 55%. REG-101355-26 describes computing it this way (averaged only among actual benefiting participants) as an easier-to-pass method than the one it replaces — a change to how the test is computed, not to whether it must be satisfied.
What are the DCAP exclusion limits this tool uses?
This tool tests against the $7,500 exclusion limit ($3,750 for a married-filing-separately return) under IRC §129(d).
Is this tool free?
Yes. It is free to use, with no signup required. This tool does not include a paid certificate or EA sign-off feature.