When the tax laws changed during the 1980s, businesses became eligible to set up flexible spending accounts (FSAs) for employees, who could use them to pay for medical expenses or child care. Employees are not liable for income taxes and businesses are not liable for payroll taxes on those funds, which employees arrange to have deducted from their paychecks.
The net result is positive to both the business and the employee. The business realizes a reduction in the tax liability, while the employees are able to pay for certain expenses (generally medical and child care expenses) on a pre-tax basis.
To participate in the FSA program, the employee decides each year how much money to allocate to their spending account(s). For example, an employee may elect to contribute $2,000 to the healthcare spending account and $1,000 to their dependent child care spending account. The employee’s salary is reduced by this amount (hence, the employee tax savings), and the cash is paid back to the employee as they incur these expenses throughout the year.
The FSA regulations include a ‘use it or lose it’ provision. This means that the employee forfeits any money left in the account at the end of the year. This makes it critical for each employee to accurately estimate the amount to contribute to their spending accounts each year.