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.
Tim Long is a Managing Director in Financial Services. He has deep knowledge of financial services regulation with hands on experience in all bank supervision and policy related matters. He retired from the OCC after a 31 year career in which he oversaw virtually all of the agencys bank supervision and policy units. He has extensive experience in large and complex bank supervision, regional financial institutions and community banking. In his most recent role with the OCC, Tim served as Senior Deputy Comptroller for Bank Supervision Policy and Chief National Bank Examiner. He was a key advisor to the Comptroller and a member of the OCCs Executive Committee. Tim was also a key advisor to the U.S. Department of the Treasury during the recent financial crisis. He served as the Regulatory Council chair of the Troubled Asset Relief Program (TARP) Capital Purchase Program and was a member of the Financial Stability Oversight Council Deputies Committee created under the Dodd-Frank Act. Earlier in his tenure with the OCC, Tim also held the positions of Senior Deputy Comptroller for Midsize/Community Bank Supervision and Deputy Comptroller for Large Bank Supervision, and was the examiner-in-charge of several large, complex national banks.
Don Powell is the former chairman of the Federal Deposit Insurance Corporation, and a longtime bank CEO.
Kevin Abramson is president of Cover Whale, a leading commercial-trucking insurer and fast-growing insurtech.
With more than two decades of underwriting and management experience in the insurance industry, including at Gen Re, Swiss Re and TigerRisk Partners, Abramson prioritizes using technology to address risk and make the world safer. At Cover Whale, his focus is on establishing and executing the company's go-to-market strategy, as well as building internal culture, attracting best-in-class talent and managing relationships with investors, partners, carriers and policyholders.
Abramson holds a Bachelor of Science degree from Villanova University and an MBA from the Wharton School of the University of Pennsylvania.
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.
