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.
Valerie Song is currently a senior director at Klaros Advisors. She has nearly 17 years of experience as an attorney at the Office of the Comptroller of the Currency, including serving as acting associate chief counsel. She has also advised financial institutions and fintech companies as a senior associate in WilmerHale's Financial Institutions Group.
Justin Tolman is Digital Forensics Evangelist at Exterro. He has over a decade of experience bridging the gap between technical investigation and business strategy and previously served as a computer forensic specialist at the Ohio Bureau of Investigation.
As chief information officer at Wiss, Hrishikesh Pippadipally is responsible for creating and executing technology strategies and roadmaps. This includes leading efforts to build and modernize products and platforms that provide security, flexibility, and scalability, allowing partners to manage operations successfully and deliver services to end users. In addition to the firm's internal CIO responsibilities, he provides his CIO and CTO advisory expertise to clients with IT strategy, digital transformation, cloud acceleration, enterprise architecture, business process optimization, info security, cybersecurity and infrastructure needs. In prior roles, he worked as a senior technology leader with nearly two decades of experience in delivering enterprise-class solutions in the Financial Services industry with a strong understanding of both technology and business.
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.
