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.
Matthew de la Fuente is the CEO of Kyax, a digital asset data subledger and financial reporting engine to enable business, financial audit and transaction reconciliation reporting.
Joe David is the founder of Nephos Group and Myna, the leading global crypto accounting experts, supporting entrepreneurs and business owners to take control of their finances whilst gaining insights into their business and financial operations.
Tom Neill was managing shareholder of Finney, Neill & Co. His 40-plus years in public accounting primarily focused on assurance and attest services as well as financial statement preparation and business consulting experience in a large variety of industries. His experience also includes working with business and individual tax matters. He also teaches continuing education courses in regulatory ethics.
He is a member of the AICPA's National Pipeline Advisory Group; current chair of the AICPA Uniform Accountancy Act Committee; and a member of the NASBA Peer Review Compliance Committee. He spent nine years on the Washington State Board of Accountancy (including two years as board chair); and is a past-member of the NASBA Ethics and Professional Issues Committee, a past member of the AICPA Professional Ethics Executive Committee, and past president of the Washington Society of CPAs. He graduated from the University of Washington in 1980 and received his CPA license in 1983.
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.
