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
Steve Cover

Steve Cover is Chief Technology Officer at iPipeline. In this role, he oversees the technology strategy for the organization and ensures that iPipeline's technological infrastructure supports the company's growth and objectives. In addition, he will focus on the continued differentiation within iPipeline's product portfolio, and improve quality, testing, and delivery.

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Bobby Puglia is chief product officer at Bloomberg Industry Group, where he oversees Bloomberg Law, Bloomberg Tax, and Bloomberg Government. Prior to his current role, he served as architect of Bloomberg Law's data platform, leading the strategy and development of its proprietary legal search engine, as well as the machine learning and artificial intelligence research and engineering organizations that support Bloomberg Industry Group's products.

Blaine Frederick

Blaine Frederick is VP of Product at Alcatraz AI, an artificial intelligence company that employs facial authentication technology to create autonomous access control solutions for enterprises. Frederick brings 20+ years of experience in the Physical Security industry with specific expertise in the Biometric space. Frederick currently serves as the VP of Product at Alcatraz AI where he leads the Product and Engineering teams. Prior to his work at Alcatraz AI, he served as Co-Founder and Principal of BDIS which provides Consultation and Professional Services for the physical security market. Previously, Frederick held the role of VP of Product for EyeLock, where he captained the firm's vision for iris authentication products and solutions in physical and logical security as well as numerous other commercial applications. Frederick also acted as the former Director of Product Management at STANLEY Security, a global division of Stanley Black & Decker where he led the creation of an industry-leading security management software suite, Commander. He received a B.S. in Electrical Engineering from Purdue University.

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