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.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE
Christina Hupy

Christina Hupy is Vice President of HazardHub at Guidewire. Guidewire's HazardHub provides data, risk scores, and risk models to the P&C insurance industry.

Sam DeLeo.jpg

Sam Deleo is director of content marketing for Tucker Advisors, a Colorado-based national marketing organization and leading wholesale distributor of annuities and life insurance products to top independent agents nationwide.

Whitney Parker Mitchell is Arizent's Interim Chief Marketing Officer, where she leads the marketing, product, and data teams in advancing the company's mission to deliver cutting-edge industry insights, elevate leaders, and build thriving communities.

With deep expertise in fintech, regtech, and cybersecurity, Whitney has driven innovation throughout her career in B2B marketing. As the Owner and Founder of Beacon, she transformed it from a solo venture into an award-winning B2B marketing agency with over 20 professionals, recognized on the Inc 5000 list for three consecutive years. Whitney's diverse career spans national security, tech startups, and global risk management, where she has guided over 200 firms on strategic marketing, branding, and lead generation.

She holds a Master's in International Relations focused on National Security from Syracuse University and a Bachelor's in Political Science from Boise State University.

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