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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David Emmerman, head of enterprise, Xero

David currently leads Xero's US Enterprise Accounts team, where he and the team of innovators help to inspire the country's top 300 largest accounting firms along their journeys in modern cloud accounting, with a focus on consulting those firms on where they are today and how they achieve their cloud transformational journeys.

In the first eighteen years of his career, David Emmerman was a co-managing partner in the firm Emmerman, Boyle & Associates, LLC and there showcased his talent for working with small business clients and his team to develop a best in class accounting experience.  His passion for technology and extensive involvement with cloud-based solutions led him to a role with Xero as a National Ambassador, where he spent his time leveraging his background to educate some of the largest accounting firms on practice management and cloud adoption topics.   

Meredith has almost four decades of industry operations and technology experience spanning all lines of business and the entire insurance value chain. During her 33 years at Liberty Mutual, she was responsible for numerous digital, product, and organizational transformations. Meredith was most recently the industry go-to-market strategist at Ushur, an AI SaaS startup, driving growth and brand awareness across both the P&C and LA&H segments. 

As part of the Advisory and Research team at ReSource Pro, Meredith works directly with carrier advisory clients, engages in research efforts, and supports carrier consulting projects. 

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