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.
Sima Gandhi is the co-founder of the Coalition for Financial Ecosystem Standards, an organization focused on setting risk management and compliance standards for bank partners, as well as a senior advisor at FS Vector. She recently sold her company, and prior to that, was on the executive team leading policy and banking relationships at Plaid. She previously held roles at the Department of Treasury and American Express.
James Murphy is a securities lawyer and former chairman of the law firm Murphy & McGonigle, which was recognized in 2021 and 2022 as the "Law Firm of the Year in Securities Regulation" by U.S. New & Best Lawyers in America.
Bob Kaufman is the Founder and CEO of ConnexPay. Bob started ConnexPay with a passion to remove pain and friction, and a clear purpose to improve the customer experience of paying and getting paid. His strategic foresight and visionary leadership have built ConnexPay into a company that now serves a multitude of businesses spanning several industries globally.
Prior to founding ConnexPay in 2017, Bob spent nearly 20 years at U.S. Bank, where his tenure included serving as CFO of the Payments Services division as well as Senior Vice President, leading innovation projects across the bank's payments division. In addition, Bob served as the General Manager of U.S. Bank's Virtual Pay division, where he led product, marketing, and supplier enablement for all virtual payment solutions, as well as a sales team focused on virtual payments.
Bob earned his bachelor's degree in accounting from the University of Minnesota, and he holds a master's degree in finance and strategic management from the University of Chicago GSB. Bob is a CPA and a CMA.
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.
