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.
Laird Nossuli is CEO of iEmergent, a provider of mortgage lending forecasts and analytics to the lending, housing and real estate industries.
Maxfield Marquardt is senior counsel and director of regulatory affairs at Trusaic.
Nikolai J. Sklaroff has spent more than 28 years in the public finance industry, as a generalist with special expertise in credit engineering difficult and unusual financings. During his public finance career, he has served as an investment banker for 17 years as well as a senior rating analyst and a financial advisor. He joined Wells Fargo Securities as the senior general infrastructure investment banker in San Francisco in 2011. He has also worked as a senior investment banker with Citigroup Global Markets (originally Smith Barney) and J. P. Morgan Securities. Prior to becoming an investment banker in 1997, Nikolai was a senior Moody's Investors Service rating agency analyst and member of Moody's rating committee for eight years. Nikolai began his career as a financial advisor with Public Financial Management, Inc. in his hometown Philadelphia. A frequent speaker at industry conferences he has also served on multiple boards and advisory committees.
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.
