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  1. #16
    Join Date
    Mar 2016
    Posts
    2

    Dependent Fexible Spending Account

    Hello, Cbg and tranquility, appreciated very much your instant response, I am so impressed about this website that I could get instant help, what an amazing website.

    I had the very similar situation with Borrayo, I am from Texas, This is my first time enrolled FSA, and I am not familiar at all how the system works, I took the assumption I should take care of this before I do the tax-returns, and apparently I missed the deadline(huge mistake), and then called the flexible spending account (FSA) company, they asked me work with HR benefit officer before file anything online as I already passed the deadline, after I explained my situation, they told me nothing they could do about it.

    While I understood the rules made for a reason, myself feel this is not fair, the money had been took from my paycheck, they even charge me administrative fee ($12 each account for medical and child care), but no email reminder at all either from the FSA company nor from my HR, and now I lost all those money.

    Still, I appreciated it very much if anybody here could give me some suggestions: I) any materials I could use for a appeal letter; II) since the chance to get the money back is low, similar as Borrayo original asked, how do I claim the loss of that amount money when I do tax-return. Any suggestions will be greatly appreciated. Thanks again,


  2. #17
    Join Date
    Mar 2006
    Posts
    20,183
    Quote Originally Posted by wei210 View Post
    While I understood the rules made for a reason, myself feel this is not fair, the money had been took from my paycheck, they even charge me administrative fee ($12 each account for medical and child care), but no email reminder at all either from the FSA company nor from my HR, and now I lost all those money.
    I don't think it fair the government takes so much of my pay and gives it to reasons I disagree with. Who do I see about that?


  3. #18
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    38,146
    You lost the money because you could not be bothered to find out the rules and the deadlines. That is 100% on you. Your employer is not going to violate the law. nor is the IRS going to give you a pass, because you did not "understand" how it worked.The law does not give one hoot if it's fair.


    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  4. #19
    Join Date
    Mar 2005
    Posts
    5
    If flexible spending account claims must be submitted by March 31, I wonder if this means that they need to be mailed by then or received by them at a location several states away. Because I did mail my receipts and forms on March 31, but my envelope might end up being postmarked April 1.

    Does anyone think I will get my reimbursement ($2500)? My employer used to send out reminders, which I appreciated.


  5. #20
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    38,146
    If it's postmarked March 31, you will. If it's postmarked April 1, it's possible but not by any stretch of the imagination guaranteed. I can tell you it would NOT be paid if you worked for my employer.

    Well, not unless you could show us your plane ticket showing that your plane returning you from the Amazon jungle didn't get in until 9:00 the night of March 31 and that you'd been there since December.


    Last edited by cbg; 04-02-2016 at 10:01 AM.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  6. #21
    Join Date
    Mar 2005
    Location
    Merida, Mexico
    Posts
    6,057
    Quote Originally Posted by tranquility View Post
    I don't think it fair the government takes so much of my pay and gives it to reasons I disagree with. Who do I see about that?
    Your Congressperson. Not that it's likely to change anything, but that's the person to talk to about it.


  7. #22
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
    Posts
    36,597
    Most FSAs allow submissions online, by email, or by fax, so postmarks really shouldn't be relevant.


  8. #23
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    38,146
    True. I can't imagine why anyone would mail something that time sensitive when there are so many more immediate methods available. However, IF mailed through the US Postal Service, it's the postmark that will count, as opposed to the day it is received.


    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  9. #24
    Join Date
    May 2016
    Posts
    1

    Dependent care flex spending account

    I'm following the tread as I also missed the deadline to file. I took on a new role at the start of the year in addition to a several month project that consumed most of my time (I also run a public school fundraiser which ran during the same time period). Regardless, this is my mistake and I own that. I understand the cutoff period and that the money can't be returned for use as dependent care reimbursement. My question is - if the money has been returned to my employer, then isn't it at their discretion to choose to return it? I assume it would then be taxed, and possibly penalized, but how are they allowed to keep the money? Also, aren't the plans required to notify the participants near the end of the submission period?


  10. #25
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    38,146
    They are allowed to keep the money because the law expressly gives them permission to keep it.

    No, there is no requirement that participants be warned that they are reaching the end of the submission period. Many if not most do so voluntarily; however, it is the participant's responsibility to make their submissions on time and keep track of when the deadline is; it is not the responsibility of the employer to remind them.


    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
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