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.
Michael Rachesky is the regional vice president at Corporate Synergies, where he leads strategic initiatives focused on enhancing health plan performance and delivering innovative benefits solutions to employer groups across the mid-Atlantic region.
Paul Vigna is the managing editor of American Banker. He is an author, journalist, editor and speaker, with a particular focus on capital markets and cryptocurrencies. He is the author of The Almightier and Guts: The Anatomy of The Walking Dead and coauthor of The Age of Cryptocurrency and The Truth Machine. For 25 years, he was a reporter and editor for Dow Jones Newswires and the Wall Street Journal, pioneering coverage of the cryptocurrency sector. He has appeared on CNN, CNBC, MSNBC, Fox, and PBS.
Blake Roberts served as the Deputy General Counsel of the U.S. Department of Commerce from 2022 to 2025. He is a partner in the Washington office of Eversheds Sutherland.
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.
