IRS offers more flexibility on cafeteria plans, FSAs, dependent care assistance in response to coronavirus

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 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.

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Dawn Wagenaar is a brand strategist and principal of Ingenuity Marketing Group, LLC, serving accounting firms across the U.S. Since 1992, Ingenuity Marketing has been helping CPAs, attorneys, financial service professionals, engineers, consultants and other professionals develop their practices. Wagenaar has worked in professional service marketing since 1993 when she began coordinating marketing programs for a regional office of a large national insurance and financial services company. Since then she has directed the marketing efforts of a small local and a large regional CPA firm. Wagenaar has a Bachelor of Arts degree from Augsburg College in Minneapolis as well as a Master of Arts in Educational Leadership from the University of St. Thomas in St. Paul, Minnesota. She is a member of the Edina Chamber of Commerce, member of the Legal Marketing Association, past chair of the AAM Conference Committee of the Association for Accounting Marketing, member-at-large for AAM National Board of Directors, and president for AAM Minnesota. Reach her at dawn@ingenuitymarketing.com.

Camilo Atala is the chairman of Grupo Ficohsa.

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Anthony Venette, CPA/ABV, MBA, leads Withum's tax valuation services practice. He works with privately held businesses, families, and their advisors on tax planning, strategic estate and business valuation, ownership transitions, mergers and acquisitions, and complex valuation matters.

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.

A man walks past the IRS headquarters in Washington, D.C.
The IRS headquarters in Washington, D.C.
Andrew Harrer/Bloomberg