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.
Laura Drabik is a frequent commentator on issues of transformation and innovation in the P&C insurance industry and Chief Evangelist at Guidewire. Drabik also oversees the Guidewire Insurtech Vanguard program, which helps insurers learn about the hottest new insurtechs and how to leverage their capabilities quickly and efficiently. She is also the author of Drabik Digest and the host of the InsurTalk podcast.
Michael Giusti, M.B.A., is an analyst at insuranceQuotes.com, which publishes in-depth studies, data and analysis related to auto, home, health, life and business insurance. In his role as analyst, Michael studies the insurance industry in order to provide trusted tips, advice and insights. He has worked as a journalist for more than 20 years, including as a reporter at a daily newspaper in Florida, as an editor at a regional business journal, and as a writer for national and international publications. Michael is based out of New Orleans.
Eyal Shinar is an expert in AI, machine learning and financial software. He is currently the Co-founder and CEO of Black Ore, a leading AI platform for financial services.
Prior to Black Ore, Eyal was Co-founder, CEO and later Executive Chairman of Fundbox, a leading machine learning payments & credit company. Eyal left Fundbox in 2021 to start Black Ore.
Prior to Fundbox, Eyal served as VP at Battery Ventures, leading projects and investments in finance, machine learning and SaaS.
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.
