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.
Jenn Graham is the Founder and CEO of Inclusivv, dedicated to helping organizations transform from a culture of monologue to a culture of dialogue. By providing facilitator training and structured peer-to-peer conversations, Inclusivv helps leaders harness the power of conversation to shape environments where respect, trust, and creativity flourish. Since founding Inclusivv, Jenn has built a digital platform, a content library of over 50 topics, and a variety of trainings that have enabled tens of thousands of people to gather for conversations around the world – both in person and online on the most important issues of our time.
Bradley Niedzielski is an audit and assurance partner at Deloitte & Touche LLP based in Deloitte's New York office who has served a variety of complex global financial services clients across both the public and private sectors for over 20 years.
Brandon Chandler is an audit and assurance partner at Deloitte & Touche LLP. As the leader within the accounting advisory & transformation services practice in Atlanta/Birmingham, he oversees all aspects of the Atlanta/Birmingham AATS practice including quality, innovation, growth and talent strategies.
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.
