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.
Jim Gemer, CPA, is the founder of the Human Choice Company LLC in Bradenton, Florida. He writes on AI governance, forensic methodology, and the accountability gap at thinkingsovereignty.ai and digitalhumanism.ai.
Pam Klein is the SVP and GM of Zelis' member engagement and transparency business, which helps payers meet the needs of their members. Previously, she led Network Analytics at Zelis to help payers optimize their provider networks through analytical software and Product Management for Zelis' Claims Cost Solutions business unit. Prior to this, she was Chief Marketing Officer at Zelis, overseeing strategic leadership on brand management, product marketing, and internal and external communications.
Luke Frye, CPA, is the Accountant in Residence at Canopy, where he brings a background in accounting tech startups and private practice to help firms build smarter, more scalable businesses. After growing his own bootstrapped firm to $500K ARR and helping platforms like Bench and Pilot reach thousands of clients; Luke now focuses on one mission: helping firms add $10 million in collective revenue this year. He bridges modern software and firm operations so practitioners can reclaim their time and build firms that are not just profitable, but truly valuable.
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.
