ABLE - Archive

Achieving a Better Life Experience: An Overview of the ABLE Act

January 23, 2015 in Community News, Disability Law

 

 

JD Supra – Business Advisor
By Nora Gieg Chatha
1/22/2015

On December 19, 2014, President Obama signed the Stephen Beck, Jr., Achieving a Better Life Experience (ABLE) Act of 2014 into law. The ABLE Act amended Section 529 of the IRC to enable the creation of state-specific tax free savings accounts to cover “qualified” expenses for individuals with disabilities for tax years beginning after December 31, 2014. Such “ABLE” accounts are designed to “supplement and not supplant” public benefits like Medicaid (Medical Assistance) and Supplemental Security Income (SSI).

ABLE accounts are allowed a tax exemption similar to a Qualified Tuition Program or Section 529 Plan, and amounts in an ABLE account are to accumulate on a tax-exempt or in some cases tax-deferred basis. Like Section 529 Plans ABLE programs will be state-run with options presumably varying from state to state, and designated beneficiaries may be changed so long as a newly designated beneficiary is likewise eligible under the program and a family member of the initially designated eligible beneficiary.

ABLE accounts are a work in progress. The Treasury Department is to draft regulations in 2015 to provide better guidance on their qualifying criteria. Agencies administering means-tested public benefits (primarily the Social Security Administration and State Medicaid Agencies) may also publish guidelines.

At this juncture qualified expenses are understood to include education, housing and transportation. Common examples of qualified expenses provided are medical and dental care, education, community based supports, employment training, assistive technology, specialized housing and disability-related transportation.

Non-tax deductible contributions may be made to an ABLE account by any person (the disable account beneficiary, family or friends), and income earned is understood to be tax-exempt or in some instances tax-deferred.

At this juncture ABLE account limitations are understood to require that:

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Related Article – Obama Signs ABLE Act – Disability Scoop – December 22, 2014