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.
Neal Pandozzi is a partner with the law firm Bowditch & Dewey, LLP in Boston, Massachusetts. He has over two decades of public finance experience. He is licensed to practice law in Massachusetts and Rhode Island.
Aaron J. Harding is Head of Financial Wellness for Morgan Stanley at Work. In this role, he is responsible for developing and implementing human and tech-powered financial coaching capabilities to support and improve the financial well-being of participants across the Morgan Stanley At Work ecosystem.
Prior to joining Morgan Stanley, Aaron led PwC's Financial Education and Wellness team, providing strategic leadership for the design, development, and delivery of employee-focused financial well-being programs, including the assessments, digital tools and thought leadership to support them.
Aaron earned his MBA cum laude from the F.W. Olin Graduate School of Business at Babson College where he was an Olin Fellow, and a B.A. Cum Laude in Psychology from the University of Massachusetts, Boston.
Nischal Nadhamuni is the CTO and co-founder of Klarity. Prior to Klarity, he worked on AI applications at Airware, Flipkart and Mass General Hospital. His team's work at MGH (Massachusetts General Hospital) to detect cancer causing genes using machine learning was published in the Journal of Clinical Oncology. He graduated from the Massachusetts Institute of Technology with a Bachelor of Science in Computer Science.
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.
