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.
Ken Eyler is CEO of Aquilance (formerly My Accountant), which advises multi- and single-family offices and select business enterprises.
Previously, he spent more than a decade in a senior executive role and member of Arthur Bell, an international CPA and advisory firm focused exclusively on high net worth families and alternative investment vehicles. He serves on the boards of Argonne Trust Company and Sustainability Angels, a nonprofit focusing on environmental stewardship and luxury recycling.
Jennifer Harrity-Cantero, SEA, brings more than 20 years of business and marketing experience to her role as the leader for the Sensiba Center for Sustainability at Sensiba LLP. She leads the firm's core sustainability efforts as well as consults with small to medium size business clients assisting with their sustainability strategy. She led the firm's B Corporation certification process, resulting in SSF becoming the first California accounting firm certified as a B Corporation. In 2020, she launched the firm's Sensiba Center for Sustainability, to help companies move to a purpose-driven, sustainable business model that includes social and environmental performance, accountability, and transparency. Harrity-Cantero hosts the Rebooting Capitalism podcast that digs into why traditional capitalism is broken and what people are doing to fix it. She also as honored in 2021 by the San Francisco Business Times as one of the 100 Most Influential Women in Businesses. She received a dual bachelor's degree in graphic design and photography from California State University, East Bay. She also holds a diversity and inclusion certificate from Cornell University. She has been a member of the Association for Accounting Marketing for the past 10 years and has served on the board for the past several years. Outside of work, she enjoys CrossFit, kayaking, and spending time in the redwoods.
David Ritter, Director of Financial Services Strategy, CI&T
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.
