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
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Jasmine Hathaway is a co-founder of PALS (Professionals of After Loss Services), which brings together professionals who are passionate about filling the gap in support for families struggling to manage the administrative and logistical tasks of settling an estate while grieving the death of a loved one.

PALS provides online education to teach others how to become after loss professionals, a membership, and a business affiliate program for this burgeoning community.

David Wilson is group head of risk intelligence at the London Stock Exchange Group.

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Mr. Wilson joined the firm in 1999 and is a managing director responsible for the Liability Driven Investment business segment. His background includes structuring and managing complex asset/liability programs, utilizing multiple strategies in different currencies. During his career, he has developed innovative solutions for clients seeking to optimize their business profile, generate value, de-risk or manage liquidity. He possesses strong capabilities in treasury management, structuring and capital modeling, risk management and hedging. Mr. Wilson has a bachelor's degree in economics from the University of Albany and a master's degree in finance from Fordham University. He holds the designation of Chartered Financial Analyst (CFA) through the CFA Institute and is a member of the New York Society of Security Analysts.

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