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.

Dr. John Alchemy, MD, QME, and Dr. Anne E. Weilepp, MD, are a husband-and-wife medical team and founders of RateFast, a workers' compensation predictive data company in Northern California. Both are specialty boarded and trained at UC San Diego. They hold seven total patents, with more patents pending, in data analytics and impairment rating, including the development of the Variable Thread Analytic Computation (VTAC) model for multilayered logic calculations.
Javier de la Torre is Founder and Chief Strategy Officer at CARTO. One of the pioneers of location intelligence, Javier founded the company in 2012 with a vision to democratize data analysis and visualization. Under his leadership, CARTO has grown from a groundbreaking idea into one of the fastest-growing geospatial companies in the world.
CARTO empowers organizations to harness the power of spatial data for everything from network planning to portfolio risk management. As a truly cloud-native geospatial platform, CARTO ensures all data processing and visualization occur within your existing cloud data warehouse, boosting both security and performance.
Javier started his career as a conservation scientist, applying data-sharing technologies to analyze and visualize endangered species. In 2007, he founded Vizzuality, a renowned geospatial company dedicated to bridging the gap between science and policymaking by the better use of data.
Chason Forehand is the founder of HR-4U Inc.
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.


