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
Headshot of Sam Rea.

Sam Rea is the chief technology officer at Aspire General Insurance, bringing over 20 years of experience leading IT organizations in the insurance industry. Prior to joining Aspire, he served as CTO for the PEAK6 InsurTech portfolio, overseeing technology across an agency franchise, MGA, SaaS platform, BPO service, and a national flood insurance processor. He previously held senior roles at National General Insurance as EVP and CIO, and at Zurich Insurance as assistant vice president.

Headshot of Curt Hess.

Curt Hess is the U.S. Executive President at Vitesse, where he is leading the company's strategic expansion in the American insurance market. Curt brings over 25 years of experience across fintech and global banking, most recently as Chief Operating Officer at 10x Banking, helping scale operations at one of the UK's most innovative fintech firms. Prior to that, Curt held multiple C-level roles during a 12-year tenure at Barclays, including Chief Executive Officer of the US Consumer Bank and Chief Executive Officer of Europe Retail and Business Banking. Earlier in his career, Curt held senior finance leadership positions at Citi as well as with Bank of America in the U.S. His deep expertise in digital transformation, operational scale, and client-centric innovation uniquely positions him to drive Vitesse's U.S. momentum in the insurance space.

Valentin Neiconi is chief risk officer of Stax.

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