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.
Aleisha Donald is a partner consultant at Xero.
Emma Bienias is managing director of Stout, a global advisory firm specializing in corporate finance, accounting and transaction advisory, valuation, financial disputes, claims, and investigations. She has a background in performing valuation engagements for various purposes including financial reporting, tax valuations, business reorganizations, pre-acquisition diligence, post-acquisition disputes, fairness and solvency opinions and other management planning and corporate-related matters. Emma has experience providing expert litigation support for analyses of economic damages resulting from the infringement or misappropriation of intellectual property rights. She has performed damage analyses that included consideration of unjust enrichment, loss profits, and reasonable royalty. Emma also combines financial, market and competitive information to value intellectual property for a variety of objectives such as regulatory compliance, licensing and sale transactions, and securing financing for corporate acquisitions and expansion.
Alessio Alionço is the founder and CEO of Pipefy, a leading process management and AI platform. Brazilian-born Alionco is a high-impact global leader and has grown Pipefy from its founding in 2015 to a company with hundreds of customers worldwide. Pipefy delivers a business process automation platform that improves productivity and efficiency, centralizes data, and standardizes processes for teams in insurance.
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.
