IRS offers more flexibility on cafeteria plans, FSAs, dependent care assistance in response to coronavirus

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 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.

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Michael Nadel is the Global Head of Insurance at Simon-Kucher, where he is focused on helping carriers, Insurtechs, and insurance service providers with monetization, pricing, product, packaging, and sales strategies. Michael has more than a decade of experience in insurance and financial services. His work includes optimizing pricing, value management, and operations for better performance, and leveraging game mechanics, AI and data analytics to future-proof distribution and carrier-agent models. Michael has an MBA from Northwestern University's Kellogg School of Management, an MSc in Information Systems and a BSc in Finance from Indiana University's Kelley School of Business.

Giles Pearson

Giles Pearson, FCA, is the co-founder of Accountests Ltd, whose aim is to help avoid bad hires in accounting firms by using pre-employment skills and personality tests specifically designed for accountants.  Prior to starting Accountests, he was a tax and private client partner of PwC in New Zealand for 18 years.

Andrea Riquier is a New York-based journalist who covers housing and finance.

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.

A man walks past the IRS headquarters in Washington, D.C.
The IRS headquarters in Washington, D.C.
Andrew Harrer/Bloomberg