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.
Dave Warfel is Head of Aviation, North America for global insurer Allianz Commercial. Dave has two decades of aviation insurance experience with a background in general aviation, product liability and airline underwriting. He is a graduate of the Institute of Aviation at the University of Illinois and is a licensed commercial pilot.
Mark Lowers is the president of the Secure Cash & Transport Association.
Jennifer Overhulse is the principal owner of St. Nick Media Services. She is a writer, a content creation specialist, and a public relations (PR) authority with an extensive journalism background and insurance expertise specifically related to trends driving the adoption and implementation of insurance technology (InsurTech), its impact on greenfield and incumbent insurance companies, distribution channels, startup partners, and the industry at-large. Jennifer has over 25 years of writing and editing experience. Her sweet spots lie in identifying issues, niches and opportunities for clients, developing and applying go-to-market strategy, and creating provocative content that resonates with targeted audiences.
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.



