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.
Ryan Stokes is Vice President, Business Development, Claims TPA & Solutions at Xceedance, a global leader in consulting, technology, operations support, and data solutions for the insurance sector. He focuses on growing the TPA/claims solutions with new partners and exploring new markets. Stokes has extensive knowledge and expertise in the property and casualty insurance industry, specifically in claims management, valuation and loss adjustment services.
David Trapp is CEO of ArmorPoint and its parent company Trapp Technology, both of which he founded in 2007 and 2018, respectively. He has almost two decades of experience in cybersecurity and IT services.
Gregg Golson CPCU, ACS, AIC, AIM, AINS, AIS, API, CSM is a speaker, consultant, and strategy coach. He has 25+ years in claims leadership, marketing, and strategic planning in the insurance industry. At J.S. Held, he helped create over 1,700 sessions for 135,000+ attendees while leading verbal thought leadership. Gregg has handled over 12,000 claims, been on 39 tours of catastrophe duty, and handled over 275 large losses in 13 states. He is a frequent speaker at national events on soft skills, resilience, and adaptability. He is currently the Lead Strategist at UP2Now LLC.
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.



