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.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE
Headshot of Peter Phillips of Cover Genius.

In his role, Peter leads the product and engineering teams to define and execute the company's technology strategy and roadmap for all Cover Genius' platforms, including XCover, the insurtech's award-winning insurance distribution platform.

As CTO, Peter focuses on the delivery of innovative products and the continued adoption of open source and cloud-based technologies. He is responsible for and oversees the design and implementation of our global scale real-time platforms with a focus on performance, reliability and security.

Prior to Cover Genius, Peter was VP of Engineering at Freelancer.com, where he expanded and led the global engineering team to more than 150 employees across Australia, Canada, United Kingdom, Philippines and Argentina. During his tenure, his leadership ensured core platforms scaled to support 30 million users and $740 million in gross payment volume.

Peter holds a Ph.D. in Computer Science (Spatial Data Mining) from James Cook University and has lectured at the University of Sydney about topics including software engineering, scalable infrastructure and agile development practices. Based in Sydney, he is also a supporter of local organizations that help provide healthcare to rural and remote areas of Australia.

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Sol Klein is the Head of Customer Experience & Operations at Floify.

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Scott Turner is the secretary of the Department of Housing and Urban Development

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