State and Employee-based Tax Benefits
Utah State Employer Child Care Tax Credit
The 2026 Utah State Legislature enacted legislation (HB190) to expand an employer child care tax credit first enacted in 2025. Under the 2026 law, more employers will qualify under Section 59-7-627 for a nonrefundable tax credit related to expanding access to child care by employers. An employer that claims the federal employer-provided child care tax credit under IRS Code Section 45F may claim a nonrefundable tax credit equal to:
- 20% of qualifying construction expenditures, which can be carried forward over the next 5 years.
- 30% of qualified child care expenditures for small businesses OR
- 10% of qualified child care expenditures for employers that do not qualify as a small business.
- Tax credits unrelated to construction may not be carried forward or back.
Qualified “construction expenditures" means an amount paid or incurred to acquire, construct, rehabilitate, or expand property.
Qualified “child care expenditures” means
- operating costs, whether the employer operates the on-site child care facility or contracts with a third party to provide child care services on-site;
- entering into a contract with an off-site qualified child care facility to provide child care services for employees; or
- entering into a contract with an intermediary that contracts with one or more off-site qualified child care facilities to provide child care services to employees.
For an employer with an on-site child care facility, qualified child care expenditures includes costs related to training employees and providing increased compensation to employees with higher levels of child care training.
Note: Employers do not qualify for the tax credits if they obtain payment from an employee or deduct from an employee’s salary or wages for child care services.
Effective date: May 6, 2026. The tax credits are retroactive to January 1, 2026.
Employee-based Child Care Options
Tax-Free Payments for Child Care
Businesses can set up Dependent Care Assistance Plans, which are flexible spending accounts, that enable employees to set aside up to $7,500 per year in pre-tax salary for child care expenses.
Federal Child and Dependent Care Tax Credit (CDCTC)
When employers send employees their W-2 at tax time, remind them if they have children for whom they pay for child care services, they are able to claim the CDCTC.
Help Families Find Child Care
Businesses can receive a 10% tax credit for contracting with Child Care Resource and Referral agencies, (in Utah, contact a Child Care Resource Agency), to help families find child care that works within their budget.