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.
Attila Toth is the founder and CEO of ZestyAI, a risk platform for property and casualty insurers. With over two decades of experience building high-growth businesses at the intersection of data and climate science, Attila has worked with insurers and regulators across the U.S. to scale AI adoption responsibly. Before founding ZestyAI, he held leadership roles at C3 AI and SunEdison and was a strategy advisor at McKinsey & Co.
Steve Dean is the chief investment officer at Compound Planning, a $2.5 billion digital family office and tech-enabled RIA.
He leads the investment team, developing and overseeing the deployment of the public and private model portfolios. Dean has over 30 years of experience researching markets and implementing investment strategies for both institutional and wealth advisor clients. He began his career in the economic research department of the Federal Reserve before joining a large global quantitative equity manager, working with endowments, pension plans and fund providers.
Stephen Gannon is a partner in the financial services practice at Davis Wright Tremaine LLP.
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.
