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.
Bill Kirk is a USAF Gulf War Veteran and CEO Co-founder of Weather Trends International. He has been featured on Fox Business, CNBC, ABC 20/20, has been named as inventor/co-inventor on three U.S. and U.K. patents, and published research in hundreds of Wall Street equity reports from JP Morgan, Morgan Stanley, Cowen, and other industry tech reports. Their weather forecasting technology for predicting the most accurate YEAR-AHEAD weather forecasting with predictive sales analytics for Fortune 500 companies has received 13 national and international business technology awards.
Julian Morris is a senior scholar at the International Center for Law & Economics.
Clint Walters is chairman and CEO of First Security Bank of Beaumont, Texas, and Beaver, Oklahoma. Before joining First Security, he was a senior executive with Mobiloil Credit Union, which has since rebranded as Rave Financial.
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.



