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.

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Matteo Carbone

Founder and Director of the IoT Insurance Observatory, and Global Ambassador of the Italian InsurTech Association.

Internationally recognized as an insurance industry strategist and a world-renowned authority on InsurTech, he has worked in 20 different international insurance markets. Co-author of a book, 18 papers and more than 100 thought-leadership articles on insurance innovation. He has been invited to speak at more than 200 events across the world.

Accomplished business leader who co-founded Archimede, a SPAC that raised €47M and acquired the Italian insurance carrier Net Insurance in 2018. As board member and chairperson of the innovation advisory board, played a key role in the success of the listed combined entity. This journey resulted in Poste Italiane's acquisition of Net Insurance in May 2023, generating a 120% return for SPAC investors.

Before creating Observatory and co-founding Archimede, he spent 11 years in Bain & Company. He received his Business Administration degree from Bocconi University, also executive program certificates in IoT and data monetization from the MIT Sloan School of Management.

Rachel Lin is a co-founder and CEO of SynFutures, a decentralized derivatives trading platform. She previously worked in the global markets division at Deutsche Bank, where she specialized in derivatives, and is also a founding partner of Matrixport, one of Asia's largest crypto neobanks.

The 20 finalists will be celebrated during a dedicated recognition dinner at the DIGITAL BANKING conference in Florida this June, where one top winner will be named

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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