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.
Vikrant Rai is the managing director of the risk advisory practice at Grant Thornton Advisors LLC.
As chief financial officer at Certinia, Erin Sawyer brings over 20 years of financial and operational experience with 10 years in the software industry. Most recently, she was the CFO of Wowza and deputy CFO at Vertafore. She specializes as an executive strategist focusing on financial and operational discipline through business partnership, value creation and operational excellence. She graduated from North Carolina State University with her MBA and Arizona State University with a degree in accountancy.
Keely Wilkins is the Global Program Manager for Insurance Partnerships, and an Evangelist with the Office of the CTO at Check Point Software Technologies. She has nearly 30 years of experience in technology and cybersecurity. Keely is active in global initiatives like the World Economic Forum's Partnership Against Cybercrime and frequently speaks on AI, cyber insurance, and cyber risk management. She holds a MS in Cybersecurity and an MLS in Cybersecurity Law and Policy.
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.
