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.
Kristen A. Gray is EY Americas sustainability tax leader. She has nearly 20 years of experience helping multinational companies address complex tax issues, including transactions and strategic planning, controversy and global compliance and reporting matters. She provides strategic counsel to clients around the intersection of tax and environmental, social and governance matters. Prior to her current role, she served as a partner in the national tax accounting and risk advisory services practice, focusing on life sciences, technology and media clients.
Jim Davis is vice president of insurance at Geotab, where he leads insurance, risk management, insurtech programs and business development. His 30-year career includes commercial P&C insurance company, brokerage and captive program management. At the forefront of video telematics, his experience and wide range of knowledge also includes driver safety, scoring and learning management systems.
Ben Malka joined Cota in 2019 as a Partner on the investment team, where he is focused on sourcing, evaluating, executing, and governance of venture investments. Prior to Cota, Ben was a General Partner at F-Prime Capital, a San Francisco-based financial technology and enterprise IT-focused venture capital fund. At F-Prime, he served as lead partner for a number of investments.
Since 1999, Ben has also served as a General Partner at North Hill Ventures, a financial technology focused venture capital fund. Previously, Ben was with The Boston Consulting Group, where he was the Project Lead for a number of clients across strategy development, acquisition strategy, new product evaluation, and operations improvement. He began his career at Bank of America as a Statistical Analyst.
Ben received a Bachelor of Arts in Economics and Political Science from Stanford University and a MBA from the University of Chicago.
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.
