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… or the expected $5,000 limit in 2022. The general rule for DCAPs is that employees may be reimbursed up to $5,000 per calendar year (or up to $2,500 for individuals who are married but filing separately) without having to include it in their taxable income. If the employee has money left over at the end of the plan year and takes advantage of a 2½ month grace period, any amount reimbursed above $5,000 during the calendar year must be included in taxable income. With this general rule in place, employers were unsure how to handle the …

Quick Facts The IRS issued Notice 2021-31, which includes significant guidance on the American Rescue Plan Act of 2021 (ARPA) Consolidated Omnibus Budget Reconciliation Act (COBRA) subsidy. The guidance is clear that reductions in force, terminations for cause, layoffs, and other related terminations are to be treated as an involuntary termination. The guidance clarifies that the subsidy is available for all types of COBRA coverage except for health flexible spending accounts (FSAs). The Notice provides detailed guidance on how employers will recover premium assistance payments against their payroll tax liability. The process is similar to the credit taken for …