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.
Robert Kazdin worked for 20 years in housing finance and mortgage regulation. He served as a director of mortgage credit pricing at Fannie Mae, as a senior examiner at the Federal Housing Finance Agency, or FHFA, and as a regulator at the Office of Thrift Supervision. He is currently retired.
Davide Santonocito is an AI Engineer and QA expert at Sollers Consulting, specializing in ensuring the reliability, performance, and governance of agentic AI systems in insurance.
Brad Medd is Chief Technology Officer at Zinnia, where he leads the development of modern, scalable platforms that power the company's vision. With over 25 years of experience spanning financial services, healthcare, and technology, Brad brings deep expertise in platform innovation, cloud transformation, and agile delivery. Prior to Zinnia, Brad served as Managing Director and SVP at IHS Markit, where he led major technology transformations across diverse asset classes, from leveraged loans to retail brokerage. His approach combines technical depth with a clear focus on enhancing the user experience through thoughtful, future-ready solutions. Brad holds a bachelor degree in Economics from Johns Hopkins 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.
