1. The IRS Notice 2012-40 answers the question: “What defines a tax year in applying the Health FSA $2,500 limit?” The notice specifically states the cafeteria plan year is the “tax year”. The notice determines that an “off calendar year” can fall into 2013 and still have an unlimited Health FSA amount.
2. The 2.5 month claim filing extension can also be continued even though the employer’s plan may end sometime in 2013.
3. If an employee and spouse work at the same company, they are allowed to enroll for $2,500 each. Notice 2012-40 addresses this question on page 5. Furthermore, spouses who work at different companies can each elect $2,500.
4. The $2,500 Health FSA limit does not apply to premium conversion a.k.a. Premium Only Plans (POP), and other various options in a cafeteria plan; such as Dependent Care.
5. Amendments to plan documents are required for the $2,500 limit for all plans that start in 2013.
6. Stunning news–The IRS is requesting input from taxpayers on how to construct a new “use it or lose it rule”. Yes, you read it right. Tax payers are encouraged to contact the IRS with feedback. Address information is located at the bottom of the Notice.
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