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.
Douglas Dell is Vice President – Executive Leader Learning & Development for Sedgwick. An accomplished leader in training, talent development and learning ecosystems, he is currently creating and implementing L&D for Sedgwick Property Americas spanning early career programs for apprentices and interns to the next generation and focused on advanced managerial, technical, and executive leadership including career paths and learning journeys. He concurrently manages the commercial learning services of Vale Training and Consulting Services, supporting technical skills for insurance adjusting and estimating professionals, skills assessments, professional certifications, and continuing education. Formerly, he held learning leadership roles at Crawford & Company, NCR and Philips Healthcare. Previously, he was the board advisor and Chairman of the Atlanta chapter of the Association for Talent Development and a member of the graduate faculty for the University of Phoenix; and a current board member of EVTEC - a certification standard for Electric Vehicle technicians and estimators.
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.

