05/11/2021
Important info for those you use (or should use) Healthcare Flexible Spending Account and/ or Dependent Care Flexible Spending Accounts (FSAs). New rules significantly relax the use-it-or-lose-it regulations, expand the amounts available for tax exemptions, and, depending on your employer, changes can be made mid-year even without a "Life Event Change". Contact me via PM if you want some help.
Source: Tax Practice Advisor
https://www.taxpracticeadvisor.com/individual-income-taxes/news/21221805/new-twists-to-flexible-spending-accounts
New Twists to Flexible Spending Accounts
Two new federal laws—the Consolidated Appropriations Act (CAA) and the American Rescue Plan Act (ARPA)—have created new planning opportunities for participants in flexible spending accounts. Generally, the changes are effective for a 2021 plan year.
Two new federal laws—the Consolidated Appropriations Act (CAA) and the American Rescue Plan Act (ARPA)—have created new planning opportunities for participants in flexible spending accounts. Generally, the changes are effective for a 2021 plan year.
In the wake of these new law provisions, the IRS has provided guidance in Notice 2021-15.
Background: There are two types of FSAs that employers may offer to employees. One applies to healthcare expenses and the other is available for dependent care expenses. The two versions have comparable rules with a few differences.
For starters, both types of FSAs are funded with pre-tax dollars, so there are significant income tax savings for employees. Furthermore, the employer doesn’t have to pay employment taxes on amounts that employees contribute to FSAs.
Prior to the new law changes, the contribution limit for healthcare FSAs was $2,500 ($2,750 for 2021). The limit for dependent care FSAs was higher—$5,000.
Distributions from FSAs made to pay qualified expenses are exempt from tax. But withdrawals used to pay for nonqualified expenses are fully taxable
At the start of the year, employees must decide how much of their wages to allocate to their FSAs. Usually, this decision requires advance planning, especially when you consider the “use-it-or-lose it” rule. Absent other arrangements, any balance left in the employee’s account the end of the plan year is forfeited.
However, an employer may allow a grace period of up to 2½ months after the close of the year for a healthcare FSA (but not a dependent care FSA). Alternatively, it may allow an employee to carry over up to $500 of unused FSA funds to the next year ($550 in 2021). Finally, elections for a plan year made by an FSA participant are irrevocable, unless the participant experiences a change in status.
New rules:
Based on the CAA and ARPA, as well as the new IRS Notice, FSA participants may benefit from the following provisions.
• For a plan year ending in 2020 or 2021, either a healthcare or dependent care FSA program may be amended to allow a participant to carry over the entire balance to the next year. Thus, there is no dollar limit. The IRS guidance clarifies that this change includes any amount carried over from the prior year.
• The new legislation permits an employer to amend its FSA program to reflect a 12-month grace period following plan years ending in either 2020 or 2021. Note that this applies to dependent care FSAs as well as healthcare FSAs. What’s more, an employer may offer both the carryover and grace period benefits. Also, the IRS guidance clarifies that an employer can choose to adopt this change for one type of FSA, but not the other.
• Under prior law, a dependent care FSA could cover qualified expenses of caring for children under age 13. The CAA generally increases this age threshold to 14.
• Allocations to an FSA may be amended mid-year for a plan year ending in 2021 even if the participant has no change in status. This includes enrolling, dis-enrolling and increasing or decreasing contributions. Mid-year changes may be permitted at a specified date or throughout the year.
• ARPA increases the limit for dependent care FSA contributions from $5,000 to $10,500 for 2021. The contribution limit for healthcare FSAs remains at $2,750.
Need more information? Both employers and employees may want to contact their professional advisors.
Two new federal laws—the Consolidated Appropriations Act (CAA) and the American Rescue Plan Act (ARPA)—have created new planning opportunities for participants in flexible spending accounts. Generally, the changes are effective for a 2021 plan year.