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.
Nicole Donecker is a senior manager in Marcum LLP's valuation, forensic & litigation services group, located in the Philadelphia office. She provides investigative accounting and litigation support services to attorneys, insurance companies, financial institutions and governmental units, with a practice concentration in forensic accounting. Reach her at Nicole.donecker@marcumllp.com.
Jen Leary is chief executive officer of CLA (CliftonLarsonAllen LLP). She leads CLA's firmwide strategic efforts to fulfill the CLA Promise and its purpose — to create opportunities for its clients, people and communities. In addition to supporting various advisory councils within the firm, she is a member of the CLA Board of Directors, the CLA Wealth Advisory Board of Directors, the newly formed CLA Global Board of Directors and leads the firm's senior leadership team. She has been serving clients for over 20 years in the United States and Europe. Her background includes assurance, consulting, mergers and acquisitions and global advisory services. She has previously served the firm in various roles such as chief strategy officer, client service leader and managing partner of the various geographies before taking on the role of CEO in January 2021.
Ilan joined Sapiens in February 2022 and brings a wealth of leadership experience at the forefront of technology and innovation, with such companies as NAYAX, Amdocs and Bank Leumi. Ilan is responsible for developing a coherent view across Sapiens' product offering, leading the company's journey to cloud, reinforcing Sapiens' technology roadmap and digital offering. Ilan also leads all aspects of IT, cyber and information systems, to accelerate the company's business growth.
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.
