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
Alex Burgess

Alex is the Principal Industry Strategist at Hi Marley. He drives innovative use cases for omnichannel customer conversations across the insurance lifecycle. Before Hi Marley, Alex spent a decade with Liberty Mutual, where he was VP of Customer Experience. There, he led experience design, retention tactics, and omnichannel service strategy for the company's direct and independent agent channels. Alex also spent six years in Management Consulting, where he worked with companies across the globe on customer loyalty and growth strategy.

Ingo Weinem

Ingo Weinem leads EPAM's European insurance vertical, partnering with top clients to enhance and expand their businesses.

With more than 35 years of experience in the financial services sector and the insurance industry, Mr. Weinem's expertise spans software engineering, financial planning, omnichannel digitalization and transformation strategies, innovation and organizational change management.

Throughout his professional career, he has held various management positions in the banking, financial markets and insurance industry for software solution providers, including Luxoft, Pactera, Capgemini, Cognizant and IBM.

Stephen Holdstock is the Chief Technology Officer of EMEA Insurance at EPAM Systems, where he leads the technological direction for EPAM's insurance clients across the region, helping them achieve strategic value through the integration of business, technology and data.

With more than 20 years of industry experience, Mr. Holdstock brings deep expertise in IT leadership, change management and large-scale transformation programs. His career spans roles in large-scale engineering at Motorola, tier-one consulting at Accenture and strategic leadership at global property and casualty (P&C) carriers, including a significant tenure as CTO at Lloyd's of London.

At EPAM, Mr. Holdstock is focused on building out the insurance practice, continuing to drive transformative outcomes for clients across the insurance industry.

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