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.
Pierre E. Debbas is managing partner of Romer Debbas.
Adam Vander Weerdt is agribusiness region leader, for Westfield Insurance.
Jennifer Lee is the President and Co-CEO of Intradiem, a company transforming customer service operations through dynamic workforce orchestration and people-first innovation.
Jennifer's career began on the frontlines of the contact center, where she learned firsthand the challenges and potential of customer service work. Over two decades later, she now leads a company she once supported from the inside, proof that empathy and accountability can coexist at scale. Jennifer joined Intradiem in 2015 as Director of Customer Success. Since then, she has held positions as Chief Strategy Officer, Chief Operating Officer and President, before assuming her current role as Co-CEO.
A passionate advocate for human-centric leadership, Jennifer believes that technology should empower, not replace, people. Under her guidance, Intradiem has grown into a market leader known for combining operational excellence with a deeply human culture—one that values wellbeing, learning, and bold curiosity as much as results.
Recognized for her "frontline to CEO" journey, Jennifer frequently speaks about the future of work, leadership in the age of AI, and building resilient organizations rooted in purpose and compassion. She is driven by a simple belief: when you invest in people, performance follows.
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.
