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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Chase Petrey

Chase Petrey is the President of Applied Pay at Applied Systems. He has a diverse career in the enterprise software industry, bringing with him a unique set of fintech, Software as a Service (SaaS), and analytics skills. Chase also serves as President of the Salt Lake City Chapter at Silicon Slopes, a nonprofit organization that exists to empower Utah's tech community to learn, connect, and serve in order to make entrepreneurship open and accessible to all.

Christina Lee

Christina Lee is a Researcher at ACTUAL, where she focuses on comprehensive policy and industry-related research. With a keen interest in energy and sustainability, Christina delves into topics ranging from renewables and green hydrogen to supply chain dynamics and electric vehicles (EVs). Her research involves synthesizing complex data and trends to provide actionable insights for decision-makers in both public and private sectors. Christina earned her BA in Urban Studies and Planning from the University of California, Berkeley, from the College of Environmental Design.

Karthik Balakrishnan

Karthik Balakrishnan, Ph.D, is the President and Co-founder of ACTUAL, the Capital Planning Software that allows enterprise CFOs to greenlight the investments which allow them to meet their sustainability goals. With over a decade of experience working at the intersection of asset transformation and supply chain, Karthik has established himself as a sought-after leader, speaking at various events on sustainable development, government policy and global implementation. Karthik holds a PhD and MS from Stanford and a BS from UC San Diego all in Aerospace Engineering.

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