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.
Allen Puwalski is chief investment officer at Cybiont Capital in New York. He has previously served as chief of bank analysis at the FDIC's Division of Insurance, led the global financial team at CFRA, was a financial sector specialist at Paulson & Co. and is a director at New York Community Bancorp.
David G. Barbeito, CPA, is a managing partner at De La Hoz, Perez & Barbeito PLLC. At his firm, they work with entrepreneurs locally and internationally across various industries and assist them with audit, tax, and accounting services. Reach him dbarbeito@dpbcpa.com.
Damon Fleury has held product and technology leadership positions for a variety of companies in the networking and security sectors over the last 25+ years. His specialty has been joining companies early in their development to help build and release initial products and then optimizing strategies to enable their success in the marketplace.
Damon has led teams at TippingPoint (Trend Micro), Mirage Networks (Trustwave), Exodus Intelligence, NSS Labs, and CacheIQ (NetApp), and held leadership positions in Engineering, Product Management, and Market Strategy to develop and launch innovative and disruptive products.
Prior to joining SpyCloud as the VP of Strategy in early 2022, Damon served as the Chief Technical Officer and VP of Cybersecurity Services at Texas-based MSSP CyberDefenses. In this role, Damon supported the growth of the commercial and SLED services business, including the creation of and go-to-market efforts for SOC, Security Engineering, Cyber Intelligence, CISO Advisory, and Incident Response services.
As Chief Product Officer of SpyCloud, Damon is responsible for the product roadmap and strategic innovation initiatives that have driven SpyCloud to become the leader in Cybercrime Analytics – helping enterprises combat cyber threats including ATO, ransomware, and online fraud.
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.
