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.
Brett King is the author of Bank 4.0, the founder of Moven, the host of the world's #1 fintech podcast, "Breaking Banks," and Bank Think's 2012 Innovator of the Year.
Yiannis Gavrielides is the co-founder and CEO of Covve, helping professionals to grow and nurture their contact network. He actively supports entrepreneurship as a partner at Invelopment Partners.
Megan Smith's diverse career journey at SAP spans almost two decades, across multiple lines
of business: from instructional design and training to product management and, for the majority of time, in HR. She has been an HR Business Partner supporting global leaders across sales, engineering, marketing, and product support. In 2018, Megan spent six months conducting two major academic studies for SAP in partnership with Temple University: determining factors that drive innovation culture and discovering how creativity, stress, and engagement are impacted by working in the office vs at home.
Over the past five years, Megan has been deeply involved as an HR leader in SAP's acquired cloud businesses in North America, the Head of HR for SAP Canada, and in 2022 expanded her
responsibilities to assume the role of Head of HR for SAP North America. Some of Megan's focus as of late has been developing SAP's Flex Work guidelines, D&I tools to develop inclusive
leadership, managing retention in a competitive market, and leading the COVID-19 Vaccination
office entry policy.
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.
