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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Rina Wulfing is the senior policy lead for North America, Wise.

Steve Lockshin, founder and chair of Vanilla

Steve Lockshin, an entrepreneur and financial advisor, is a principal of AdvicePeriod and a co-founder of estate planning software firm Vanilla.

Prior to co-founding AdvicePeriod, he was chairman of Convergent Wealth Advisors, a company he founded in 1994. Lockshin is widely known for his contemporary approach to wealth advisory as well as his estate-planning knowledge and is a frequent speaker on both topics. He memorialized his concerns about conflicts of interest in the industry in his guide for consumers, "Get Wise to Your Advisor."

Janthana Kaenprakhamroy

Janthana Kaenprakhamroy, the author of Navigating Insurtech and CEO of Tapoly. Forbes listed her as number 6 among the Top 100 Women Founders to watch and recognized her as one of the Top Ten Insurtech Female Influencers by The Insurance Institute. Recently, she was named one of the Most Influential Women in Tech 2023 and received the Innovator of the Year award at the UK FinTech Awards 2023. Furthermore, she was honoured as the winner of the Insurance Leader of the Year by the Women In Finance Awards 2021. Prior to her current roles, she served as a chartered accountant and internal audit director at top-tier investment banks.

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