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.
Annie Donovan was director of the U.S. Department of the Treasury's CDFI Fund from 2014 to 2018. She is currently president and CEO of Raza Development Fund, a certified CDFI. Twitter: @ADonovanRDF.
Cody Dong leads MSCI's ESG and climate research for the insurance sector. He also sits on the committee that oversees MSCI ESG Ratings' methodology, quality and model integrity. Prior to joining MSCI, Cody was a strategy and business-development analyst at Alcoa. He also has experience as a sell-side analyst covering Chinese insurance and banking equities. Cody holds a bachelor's degree in business management from Ohio State University and a master's in finance from University of Cincinnati. He is a CFA® Charterholder and holds the designation of Financial Risk Manager (FRM).
Arne Philipp Klug is MSCI's biodiversity research director, overseeing thematic research on biodiversity and natural capital. He engages with investors and key stakeholders to help clients set and prioritize their investment objectives for biodiversity. Arne previously led MSCI'S ESG research on the transportation sector. Prior to joining MSCI, he worked as an ESG analyst and account manager at Sustainalytics in Frankfurt and Toronto. Arne holds a master's degree in communications science, political economics and Hispanic studies from the University of Münster in Germany.
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.
