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.
Stan Smith is founder and CEO of Gradient AI, a provider of customized artificial intelligence solutions for the insurance industry. The company's full-cycle management platforms help improve loss ratios and profitability by predicting underwriting and claims risks with heightened accuracy and reduce quote turnaround times and claim expenses through intelligent automation.
With nearly 30 years of experience growing AI and technology organizations, Stan's leadership has resulted in proven AI solutions that yield solid financial performance for Gradient AI's customer portfolio, as well as improved treatment and outcomes for individuals.
Cory McNeley is a managing director at UHY and leader of the technology innovation service line, which provides digital strategy, technology sourcing, technology automation, digital transformation, and artificial intelligence and machine learning advisory services to strengthen and transform the office of the chief financial officer. Drawing from over 20 years of experience, his expertise spans international operations, manufacturing, defense and aerospace, retail, government and service sectors.
Jan Lynn Owen last served as the first commissioner of the California Department of Financial Protection and Innovation, or DFPI, from 2013 to 2019. Prior to that, she held the commissioner role in California for over 15 years at the Department of Corporations, Department of Financial Institutions and the Department of Business Oversight.
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.



