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.
Didine Erskine, a certified financial planner (CFP), is the founder of The Erskine Group and an independent financial planner with LPL Financial.
She also serves as a visiting lecturer at Texas A&M University, where she teaches courses in financial planning and practice management.
Wayne Rushton served more than four decades at the Office of the Comptroller of the Currency, culminating in his role as senior deputy comptroller and chief national bank examiner. In that capacity, he chaired the agency's Committee on Bank Supervision and represented the OCC on the Federal Financial Institutions Examination Council's Task Force on Supervision.
Earlier in his career, Wayne led the OCC's Multinational Banking Division and held several senior examination and supervisory positions. He gained extensive experience managing troubled institutions during the late 1980s and early 1990s, including service as the comptroller's deputy at the Resolution Trust Corporation and as director of the OCC's Special Resolutions Unit. He also completed a special assignment with the U.S. Department of Justice as a legislative fellow in the 97th Congress.
Following his government service, Wayne was a senior advisor at Promontory Financial Group, where he helped clients navigate complex regulatory examinations and enforcement issues and strengthen relationships with supervisory agencies.
A 2002 graduate of the University of Kentucky, Nesbitt has worked at newspapers in Kentucky, Indiana, China, South Dakota, Massachusetts, Vermont and South Carolina.
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.
