In 2020-0846751E5, CRA noted that the terms of a health care spending account (“HCSA”) would, in most cases, comply with IT-529, which provides that an HCSA can permit the carry-forward of either unused credits or eligible medical expenses (but not both) for a period not exceeding 12 months without generally disqualifying the HCSA from being a private health services plan (“PHSP”), for purposes of the exemption in s. 6(1)(a)(i). CRA further announced in 2020-0846751E5:
In these extraordinary [COVID] circumstances, a HCSA that qualifies as a PHSP and which has unused credits expiring between March 15 and December 31, 2020, could temporarily permit the carry forward of those unused credits for a … period of up to six months [which] would generally be considered reasonable and would not, in and of itself, disqualify the HCSA from being a PHSP.
In generally extending these periods, CRA now stated:
In light of the severity of the second wave of the COVID-19 pandemic, the CRA will allow a HCSA that qualifies as a PHSP and which has unused credits expiring between March 15, 2020 and March 16, 2021, to temporarily carry forward those unused credits for a period of up to 12 months. This will allow members to access services that are restricted during the COVID-19 pandemic and would not, in and of itself, disqualify the HCSA from being a PHSP. However, since a HCSA must involve a reasonable element of risk to qualify as a PHSP, it is our view that any further extension of the temporary carry-forward period beyond 12 months, would likely disqualify the HCSA from being a PHSP.