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.
Jim Lord has been with ADP for nearly three decades. His experience encompasses a wide variety of management and executive leadership responsibilities across the ADP portfolio, including Small Business Services and Retirement Services divisions. Currently, Jim is the senior vice president of ADP's Insurance Services division.
Andy Kunzweiler, CFA, is the direct indexing portfolio manager at Morningstar Wealth.
Previously, he was a senior portfolio manager at Northern Trust, where he managed direct indexing portfolios for a diverse clientele ranging from foundations and endowments to corporations and nuclear decommissioning trusts, to family offices and ultrahigh net worth individuals. He began his career in the analyst program at UBS Investment Bank and graduated from Boston College. He is a CFA charterholder and a member of the CFA Institute and CFA Society of Chicago.
Corinne Carr is a seasoned insurance regulatory and transactional attorney with 30 years of experience, including 15 years as a partner in BigLaw. In private practice, she regularly represented clients whose primary industry is not insurance such as logistics, shipping, marketplace, ecommerce, insurtechs, retail and manufacturing clients. Carr designed and implemented shipping insurance, embedded insurance, product warranty, service contract, and other insurtech programs for companies ranging from startups to Fortune 500s. She is widely recognized as the "go to" resource for designing innovative, but compliant, structures to boost revenue during the purchase and post-purchase customer experience. Corinne joined Route as its chief compliance officer in June 2022.
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.
