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.
Brian Portnoy is the co-founder of Shaping Wealth, a Chicago-based firm that educates and trains financial advisors, companies and investors on behavioral finance concepts. He has held senior investment and education roles in the hedge fund and mutual fund industries and earned a Ph.D. in International Political Economy at the University of Chicago. An expert on the psychology of money, he is the author of The Geometry of Wealth.
Chad Witcher is chief operations officer at Synergi Partners.
Steve Perkins is CIO of Top 100 Firm HoganTaylor LLP, where he provides strategic leadership and is responsible for the planning, implementation and oversight of all firm technology innovation and process improvement initiatives. The inaugural recipient of the "Bridging the Gap in Technology" Award from Boomer Consulting Inc., Perkins is a member of the AICPA, and the Tulsa CIO Forum. He earned a BBA in Finance from Northeastern State University and an MBA from Oklahoma State University, and is also a Green Belt in Lean Six Sigma for CPAs.
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.
