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.
Vishal Sankhla is co-founder and CEO of Outmarket.
Sankhla has dedicated his career to building intelligent, automated systems that replace inefficiency with speed, clarity, and action. He previously led the platform team at Uber, was Director of Engineering at Facebook, and Head of Product at Ethos Life Insurance.
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Mike Gerhard is chief data and AI officer at BDO USA, where he is responsible for integrating AI into BDO's operations. He has led numerous technology initiatives, including the enterprise digital transformation and innovation program. Additionally, he leads the research and AI development team.
Patrick Armstrong leads the revenue function at ReSource Pro, guiding the company's go-to-market strategy across the retail, MGA/wholesale, and carrier segments. With more than 30 years of sales and insurance leadership, including 17 years as an agency principal, he brings deep industry expertise to helping organizations improve performance and drive profitable growth.
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.
