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.
Rebecca Liebman is co-founder & CEO of LearnLux, the leading workplace financial well-being provider.
Bryan Brizzi is a seasoned technology executive and transformation leader with over two decades of experience driving digital innovation in the insurance industry. As Chief Digital Officer at Crum & Forster, he leads the modernization of the Surplus & Specialty IT organization, delivering scalable, technology-driven solutions that enhance underwriting efficiency, reduce technical debt, and optimize business processes.
Rick Hirsh is a seasoned executive with 30+ years of experience leading management, sales, finance, and operations to drive growth in technology and software-enabled B2B services. He currently leads as CEO of Beneration, an insurtech platform built to cut waste and simplify the most error-prone parts of benefits billing for employers. Rick has driven organic growth, completed over a dozen acquisitions, and led four successful investor exits. Previously honored as Ernst & Young Entrepreneur of the Year, Rick and his companies have been recognized on the Inc. 500, Deloitte's Fast 50, and CRN Solution Provider 500.
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.
