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 Miller is chief financial officer at Restaurant365, where he is responsible for financial and strategic functions including accounting, audit, treasury, corporate finance and corporate strategy. He also leads all IT-related activities. Prior to joining R365, he led the M&A and global strategy teams for a Fortune 500 manufacturing company. He received his CPA license while a member of the transaction services team at KPMG.
Dr. Wayne Jenkins is an accomplished physician and executive with a proven track record of patient-centered, revenue-driven results. Over the course of his career, he's consistently transformed large, complex healthcare systems into market leaders that deliver quality and value in a dynamically changing environment. Prior to Centivo, he was the Chief Clinical Officer for Population Health at Vanderbilt University Medical Center, where he provided clinical oversight of value-based care delivery and completed the formation of Medicare Accountable Care Organizations (ACOs). Before his time at Vanderbilt University Medical Center, he served as the Senior Vice President and Chief Strategy Officer of Orlando Health, as well as President of Orlando Health Physician Partners. Previously, Wayne was the chief of radiation oncology and then subsequently the medical director for the Florida affiliate of M.D. Anderson Cancer Center, a subsidiary of Orlando Health, Inc. Wayne holds a BA from the University of Tennessee, an MD from Vanderbilt University School of Medicine, and a Master's of Health Policy and Administration from Johns Hopkins University. He is board-certified in radiation oncology and was recognized in Best Doctors in America annually from 1994 to 2015. He's published 18 scientific articles and is often sought out to speak at state and national conferences.
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.


