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.
Leo Bernstein is the founder and CEO of LineSlip, a solution that transforms commercial insurance documents into actionable insurance intelligence for risk managers. LineSlip is currently used by industry leaders in diverse sectors including private equity, real estate, healthcare, hospitality, retail and more. A two-time entrepreneur, Leo has many years of experience in finance and real estate, which inspired him to found LineSlip.
Robby Sundberg, CPA, is senior vice president of development at Embark, a business advisory firm. He was formerly assistant controller at a subsidiary of Toyota Financial Services and worked in the internal audit group at Verizon and in the Dallas audit practice at Deloitte.
Lukasz Strozek serves as Chief Technology Officer at Hippo. He joined Hippo in December 2020 from ecommerce payments firm Bolt, where he was Vice President, Engineering. Prior to that, he co-founded Clara Lending, an online lender with a mission of making homeownership a reality, which was acquired by SoFi. At SoFi, he co-headed Engineering and was responsible for several of the company's new products. Earlier, at Bridgewater, he partnered directly with founder Ray Dalio, translating his vision into technology products. He is a Harvard graduate and holds a Stanford MBA. Lukasz calls Oakland home, together with his wife, daughter and two pandemic cats.
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.


