Notice 2021-26 TAXATION OF DEPENDENT CARE BENEFITS AVAILABLE PURSUANT TO AN EXTENDED CLAIMS PERIOD OR CARRYOVER addresses the taxation of dependent care benefits, provided through a dependent care assistance program, available in taxable years ending in 2021 and 2022 due to the application of either the carryover or the extension of a claims period under the Taxpayer Certainty and Disaster Tax Relief Act of 2020, enacted as Division EE of the Consolidated Appropriations Act. The notice clarifies that if these dependent care benefits would have been excluded from income if used during the preceding taxable year (during the taxable year ending in 2020 or 2021, as applicable), they will remain excludable from gross income and are not wages of the employee for the taxable years ending in 2021 and 2022. It also clarifies that these benefits will not be taken into account for purposes of the application of the limits under ยง 129 - Dependent care assistance programs to other dependent care benefits available for the taxable years ending in 2021 and 2022.
For full text see IRB 2021-21, 5/7/2021