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.
Charles C. Roberts, Jr. is president of C. Roberts Consulting Engineers, Inc. (http://www.croberts.com). He has a bachelors degree, masters degree and a Ph.D. in engineering. He has worked as a consulting engineer in the area of accident reconstruction and failure analysis since 1976. He has published several books and articles on accident reconstruction, failure analysis and history.
Wilbur Swan is the CEO of Catchlight, a software startup incubated within Fidelity Labs, where he serves as a managing director.
Prior to Fidelity, he led commercialization of the Thomson Reuters enterprise data and AI platform and was a co-founder of ContactNet, which was acquired by Thomson Reuters. He is an accomplished speaker, innovator and thought leader at the intersection of technology, data and artificial intelligence.
John Barbagallo, former president of commercial lines at Progressive, currently serves as strategic advisor at SambaSafety, a recognized innovator and leading provider of cloud-based risk management solutions for over 15,000 organizations with automotive mobility exposure.
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.
