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.
Patrice Meagher is the Founder and CEO of MilkMate, an all-in-one multi-user pumping system purpose-built for the workplace wellness room.
Karen P. Schaeffer is the managing member and co-founder of Schaeffer Financial, a financial consulting firm in suburban Washington, D.C.
She has been advising clients for over 40 years and has developed a diverse client base including professional women, Foreign Service Officers, foreign nationals and federal government employees. In addition to her financial planning practice, she is a popular lecturer and seminar leader. She has spoken on global financial planning issues at many international conferences and has represented the CFP Board at Financial Planning Standards Board meetings around the world. Organizations that have drawn on her expertise include the World Bank, the Department of the Treasury, the International Monetary Fund, the Federal Deposit Insurance Corp. and the Department of State.
Nancy A. Kistner, CFP, is a managing director, wealth strategy executive and head of business strategy for the Bank of America Private Bank Wealth Strategy Group.
She also serves as the wealth strategy division executive for New York and the West Division for the Private Bank headquartered in New York. In addition to leading business strategy for the Wealth Strategy Group in the Private Bank, she directs the efforts of wealth strategists throughout New York City and the West Division, encompassing twelve markets across eight states including Arizona, California, Colorado, Nevada, New York, Oregon, Utah and Washington. She also serves as an executive leader of the Private Bank Onboarding Council, Whole Family Engagement Council and Advisor/Analyst Development Programs.
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.



