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.
Ron Hauben is a partner at the law firm McDermott Will & Emery, where he routinely represents accounting firms in defending litigation and regulatory enforcement matters. Earlier in his career, he served as vice chair and general counsel of Ernst & Young. The views expressed are his, not his firm's or his clients.
Deborah J. Lucas is the Sloan distinguished professor of finance and director of the MIT Golub Center for Finance and Policy.
Espnola (Nola) Cartmill is Holmes Murphy's Chief Diversity Officer. As part of this role (as well as being part of Holmes Murphy's Legal Counsel), Nola leads Holmes Murphy's DE&I strategy, making strategic recommendations to the Executive Committee on DE&I initiatives, including recruiting, education, mentoring, and communications and community involvement. Nola also leads Holmes Murphy's internal DE&I committees, subcommittees, and employee resource groups.
Additionally, Nola consults on internal employee relations, leadership training, human resources, growth and development, and compliance-related projects.
Cartmill's background includes a prominent law career, rooted in a passion for DE&I, where she previously assisted employers in tackling both day-to-day employment law issues and litigation.
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.
