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.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE

Sathish Kumar Manimuthu serves as the CTO at NeuralMetrics, an insurtech offering AI-powered risk-assessment intelligence for P&C carriers, brokers, and agents. With experience in launching innovative technology and products for startups and Fortune 500 companies, Sathish is responsible for the company's suite of data-delivery engines and AI models.

Ronen Assia is a Managing Partner at Team8.

Heather Sullivan is the North American Strategy lead for Accenture's Insurance practice, where she spends her time driving new business endeavors on behalf of carriers, brokers, MGAs, private equity organizations and start-ups. She helps organizations understand agency needs, wants, desires, motivators and, ultimately, how to achieve market success. Heather holds a bachelor's degree from University of Southern California. Heather serves several global roles within Accenture, including as the executive sponsor for Accenture's Insurance Strategy diversity and inclusion efforts. Heather resides in Chicago with her husband, daughter and son, and very lively Portuguese Water Dog.

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