The Internal Revenue Service issued guidance Tuesday to make temporary changes to section 125 cafeteria plans, with the goal of providing tax relief and flexibility in the midst of the novel coronavirus pandemic. The IRS is extending the claims period for health care flexible spending arrangements and dependent care assistance programs and enabling taxpayers to make mid-year changes to their accounts.
The guidance released Tuesday by the IRS deals with the unanticipated changes in expenses faced by many taxpayers as a result of the COVID-19 pandemic. The IRS is now allowing its previously provided temporary relief for high deductible health plans to be applied retroactively to Jan. 1, 2020, and also increases for inflation the $500 permitted carryover amount for health FSAs to $550.
Adam Turmakhan is the CEO and COO of TurmaFinTech, a Florida-based fintech startup that offers customer data platforms for community banks and credit unions.
Ron Schneider is director, corporate governance services for Donnelley Financial Solutions (DFIN). He is responsible for providing thought leadership on emerging corporate governance, proxy, sustainability and other disclosure issues. During his career, he has managed more than 1,600 proxy solicitations, 200 tender or exchange offers, and 30 proxy contests, with his proxy fight clients succeeding in over 70% of such situations. His prior experience includes three years at investor relations agency The Financial Relations Board, three years at AST Phoenix Advisors, and nine years at BNY Mellon. Earlier in his career, he held increasingly senior positions at major proxy solicitation firms Morrow & Co., D.F. King, and Georgeson & Co., where he served on its first board of directors.
In Notice 2020-29, the IRS is offering extra flexibility to taxpayers by:
- extending the claims periods for taxpayers to apply unused amounts remaining in a health FSA or dependent care assistance program for expenses incurred for those same qualified benefits through Dec. 31, 2020;
- expanding the ability of taxpayers to make mid-year elections for health coverage, health FSAs and dependent care assistance programs, allowing them to respond to changes in needs as a result of the COVID-19 pandemic; and
- applying earlier relief for high-deductible health plans to cover expenses related to COVID-19, and a temporary exemption for telehealth services retroactively to Jan. 1, 2020.
In conjunction with that notice, the IRS also issued Notice 2020-33, in response to the Trump administration’s Executive Order 13877, which directs the Treasury secretary to “issue guidance to increase the amount of funds that can carry over without penalty at the end of the year for flexible spending arrangements.” The notice ups the limit for unused health FSA carryover amounts from $500, to a maximum of $550, adjusted each year for inflation.
