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
K. Max Koonce

Koonce is the Chief Claims Officer, for Sedgwick. In this role, Koonce is responsible for product development and innovation, industry analysis and thought leadership, best practices and compliance standards, legislative and regulatory relationships, and continued involvement in client programs for Sedgwick's lines of business.

Prior to his current role, Koonce was the Managing Director responsible for Sedgwick's casualty retail business unit in which he oversaw program results and service execution across the company's retail customer base. This included use of innovation and technology to improve client outcomes and customer experience.

Prior to joining Sedgwick, Koonce was senior director of risk management for Walmart Stores, Inc., the nation's largest private sector employer. In this role, he managed the retailer's domestic property and casualty claims program. He simultaneously served as president of Claims Management, Inc., Walmart's wholly owned third party administrator.

David Schwartz is the president and CEO of the Financial International Business
Association, or FIBA, where he promotes growth and advancement in international
banking and finance through education, advocacy and networking. With extensive
experience in international banking and compliance, David has held leadership roles at
institutions like Regions Financial Corporation and Banque Sudameris. Fluent in
multiple languages, he holds a Juris Doctorate from New York Law School and a black
belt in Shuri-Ryu Karate. He also serves on various community boards and actively
contributes to educational and health organizations in South Florida.

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