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.
Chana R. Schoenberger is the editor-in-chief of American Banker. Previously, she was the editor-in-chief of Financial Planning after joining Arizent in 2020.
In her prior role, she was the managing editor for U.S. wealth management at J.P. Morgan. Before that, she was a columnist and freelance journalist, and previously worked at Bloomberg News, Dow Jones/The Wall Street Journal, and Forbes. A graduate of Harvard College, she received her master's degree as part of Columbia Journalism School's Knight-Bagehot Fellowship in Economic and Business Journalism. She is now based in New York City after stints in Tokyo and Canada.
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Andrew Larsen is a Director at Simon-Kucher within the insurance practice, with expertise in growth strategy, operating model design, and digital transformation.
He has led large-scale initiatives across financial services, insurance, and brokerage, delivering measurable impact in revenue growth, cost optimization, and AI-driven innovation.
His experience spans advising Fortune 500 companies, private equity portfolio firms, and emerging tech players on go-to-market strategy, operating model redesign, and AI.
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.
