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.
Global CDO, consultant, speaker and author Janet M. Stovall helps business dismantle systemic inequity to leverage the power of diversity. Global Head of DEI at NeuroLeadership Institute, and founder of DEI consultancy, Pragmatic Diversity, Janet specializes in shaping and implementing realistic DEI visions and strategies that drive change and build culture. Collectively, her three TED talks challenging business to get serious about inclusion have nearly 3 million views, and she is co-author of Amazon bestseller, The Conscious Communicator: The Fine Art of Not Saying Stupid Sh*t.
Jonathan Traub is managing principal and tax policy group leader in Deloitte Tax LLP's Washington National Tax Office. He was previously staff director for the House Ways and Means Committee, where he was responsible for developing legislative policies and strategy on issues in the committee's jurisdiction, including taxes, health care and trade.
Ben Callaghan is the chief experience officer at digital healthcare solution Empara.
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.
