IRS offers more flexibility on cafeteria plans, FSAs, dependent care assistance in response to coronavirus

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 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.

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Jin Chang

Jin Chang is the CEO and Co-founder of Fieldguide, the leading purpose-built, professional-grade agentic AI platform for audit and advisory firms. A former Big Four practitioner, Jin spent years in the field wrestling with outdated tools and manual workflows - experiences that inspired him to return to the profession as a founder and build the platform he wished he had. Under Jin's leadership, Fieldguide has become the trusted AI partner to nearly half of the top 100 CPA firms, helping firms unlock new capacity, improve quality, and elevate the work of practitioners. Jin's work has been recognized by Accounting Today's Top 100 Most Influential People and CPA Practice Advisor's 20 Under 40 list. Jin speaks regularly on AI, audit innovation, and professional services transformation, bringing a grounded, team-first perspective shaped by his background as a CPA, technologist, and first-generation founder.

Jack Hooper is the CEO and co-founder of Take Command, a Dallas-based SaaS company that offers health reimbursement arrangement administration. Jack is a founding member of the HRA Council and has served as Chairman of the Board. He is a graduate of the Wharton School of Business and has been featured in The New York Times, BenefitsPro, Dallas Morning News, Bloomberg, and more. His motto? "Health insurance was never meant to be this complicated."

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Sissi Li is the Senior Data and Analytics Manager of the American Enterprise Institute's Housing Center. Ms. Li works closely with the national mortgage database to translate housing data into unique insights. Her work focuses on mortgage volume and home price trends, as well as mortgage risks.

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.

A man walks past the IRS headquarters in Washington, D.C.
The IRS headquarters in Washington, D.C.
Andrew Harrer/Bloomberg