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.

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Ronnee Ades is assistant professor of professional practice in the finance and economics department at Rutgers Business School. She teaches Portfolio Management: Active vs. Passive and Ethics in Finance to undergraduates and MBA candidates. Prior to Rutgers, she worked for market leaders such as Dow Jones, Bloomberg, FTSE and Markit.

Akila Chandrashekar

Akhila Chandrashekar is a qualified CPA, CMA, CIA, CFE with over 18 years of experience in audit and taxation practice in organizations such as EY & PKF and over 5 years in professional education. She currently serves as the Chief Learning Officer at Hock International, overseeing the learning and Exam Preparation strategies for the CMA, CIA and EA credentials in more than 100 countries. She is also pursuing her doctoral research at ARKA JAIN University examining the opportunities and challenges educators face in using artificial intelligence in higher education. The intersection of these experiences -accounting practice, professional education, and academic research into AI gives her the vantage point to understand the growth and development of the next generation of accounting professionals.

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