IRS offers more flexibility on cafeteria plans, FSAs, dependent care assistance in response to coronavirus

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 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.

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Larry Cao

Larry Cao, CFA, is Senior Market Intelligence Analyst, AI, at American Banker, where he focuses on the adoptions of artificial intelligence across banking and financial services.

Larry has more than two decades of experience in investment research and financial services, with a particular focus on AS adoption, data-driven investment processes, and the future of finance. He previously served as a senior research leader at CFA Institute, where he led and authored research on AI, big data, fintech, investment management, and evolving skillsets in the financial industry. He is the editor of Handbook of Artificial Intelligence and Big Data Applications in Investments and author of research on AI adoption and T-shaped teams.

Larry's research and commentary have been cited by regulators and industry organizations globally, and featured in major media outlets including Bloomberg, the Financial Times, The Wall Street Journal, and Reuters. Earlier in his career, he held roles at Morningstar/Ibbotson Associates, Munder Capital Management, and McKinsey & Company.

Larry holds an MBA in finance from the University of Notre Dame.

Some of Larry's publications include:

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Dave Maney

Dave Maney is the CEO of The Expert Press, which helps companies conceive, create, and nationally publish high-authority thought leadership pieces. Generative AI is changing how prospects discover and evaluate expertise, as AI increasingly builds vendor shortlists before buyers ever visit a website. In this article, Dave argues why firms must shift from producing high volumes of marketing content to creating citation-worthy, third-party validated expertise that AI can surface. He also outlines the practical changes necessary to remain visible, credible, and discoverable in an AI-first buying environment.

Iain Armstrong is the executive director of FCC strategy at ComplyAdvantage.

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.

A man walks past the IRS headquarters in Washington, D.C.
The IRS headquarters in Washington, D.C.
Andrew Harrer/Bloomberg