
ABLE accounts offer a unique way to save for disability expenses while maintaining eligibility for government benefits.
The funds in an ABLE account grow tax-free, and withdrawals are tax-free if used for qualified disability expenses.
ABLE accounts have a contribution limit of $15,000 per year, but the total account balance is capped at $100,000.
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What Is an ABLE Account?
ABLE accounts are a valuable resource for eligible individuals with disabilities, allowing them to save funds in a tax-free environment while maintaining eligibility for important federal benefits.
These accounts can be used to pay for various expenses related to living with a disability, including education, housing, transportation, and more.
People with disabilities can set up an ABLE account to improve their financial security and independence.
The National Resource Center for Supported Decision-Making provides helpful resources and guidance for those interested in setting up an ABLE account.
ABLE accounts are a crucial tool for eligible individuals with disabilities, offering a unique way to manage their finances and achieve a better life experience.
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Allowed Expenses
ABLE accounts can be used for a variety of expenses that benefit individuals with disabilities.
Housing is one of the allowed expenses, which can include rent, utilities, and home maintenance costs.
Transportation is also covered, including the cost of vehicles, public transportation, and adaptive equipment.
Education is another area where ABLE accounts can be used, covering costs such as tuition, books, and other educational expenses.
Healthcare is a critical expense that can be covered through an ABLE account, including medical treatments, therapies, and equipment.
These accounts allow for cash savings without jeopardizing eligibility for benefits like Medicaid.
Using ABLE Accounts
Using an ABLE account can be a great way to manage expenses related to a disability. You can use the funds to pay for groceries, food delivery, restaurant meals, takeout, and more.
The SSA has affirmed that food is a Qualified Disability Expense (QDE). This means you can use your ABLE account to cover expenses like groceries, which can be a huge help.
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ABLE accounts can be used for a wide range of expenses, but it's essential to understand what qualifies as a QDE. The IRS defines a QDE as an expense related to the account owner's disability.
Here are some examples of QDEs that can be paid for with an ABLE account:
Remember, the key is to ensure the expense is related to the account owner's disability. If you're unsure, it's always best to consult with a financial advisor or the ABLE National Resource Center.
Taxes and Contributions
The Tax Cuts and Jobs Act of 2017 increased the amount of contributions allowed to an ABLE account.
This means you can contribute more to your ABLE account, which is great news for those who need to save for disability-related expenses.
ABLE account contributions are also eligible for the saver's credit, which can help offset the cost of contributions.
Here are some key tax-related facts to keep in mind:
- Increased contribution limit to an ABLE account: This allows you to save more for disability-related expenses.
- Saver's credit eligibility: Contributions to an ABLE account may qualify you for the saver's credit.
- Rollover rules: You can rollover limited amounts from a 529 qualified tuition program account to an ABLE account.
Tax Cuts and Jobs Act
The Tax Cuts and Jobs Act of 2017 brought some significant changes to tax laws, particularly when it comes to ABLE accounts.
The act increases the amount of contributions allowed to an ABLE account, providing more flexibility for individuals with disabilities.
One of the key benefits is the addition of special rules for the increased contribution limit, which can be a game-changer for those who rely on these accounts.
ABLE account holders can now claim the saver's credit for contributions to the account, which can lead to some nice tax savings.
Here are the key changes related to ABLE accounts:
- Increases the amount of contributions allowed to an ABLE account
- Adds special rules for the increased contribution limit
- Allows an ABLE account’s designated beneficiary to claim the saver's credit for contributions to the account
- Allows rollovers in limited amounts from a 529 qualified tuition program account of the designated beneficiary to the ABLE account of the designated beneficiary or his or her family member
Tax for Unused Distributions
If you receive a distribution from a qualified ABLE program that's not used for disability expenses, you'll face a 10 percent tax increase on the amount included in your gross income.
This tax increase applies to any taxable year where you receive a distribution from a qualified ABLE program.
You can avoid this tax increase by using the distribution for qualified disability expenses.
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If your distributions for qualified disability expenses exceed the expenses, you can reduce the amount included in your gross income by a ratio of the expenses to the distributions.
You can also avoid this tax increase by paying the distribution into another ABLE account for the same designated beneficiary or an eligible family member within 60 days.
This means you can transfer the funds to a new ABLE account and avoid the tax increase.
Contributions Due Date
If you receive a distribution of excess contributions before the day prescribed by law for filing your return, you're in the clear.
This means you have a bit of a window to deal with excess contributions before they become a tax issue.
To qualify, the distribution must be received on or before the day your return is due, including any extensions of time.
Any net income from the excess contribution is included in your gross income for the year it was made.
Distributions and Rollovers
Distributions from an ABLE account to the designated beneficiary are not treated as a taxable gift. This means that your loved one with a disability can receive funds from their ABLE account without worrying about it affecting their eligibility for federal benefits.
You can also roll funds from a 529 plan into an ABLE account of the designated beneficiary or a family member. However, there is a limit to the amount that can be rolled over.
States are required to submit electronic statements on relevant distributions and account balances from all ABLE accounts to the Commissioner of Social Security on a monthly basis.
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Can I Rent My Account?
Using your ABLE account to pay rent is definitely an option, and you can use the money in your account to pay your landlord.
You'll need to keep in mind that if you use your SSI to pay your rent, it must be used within the same month it was withdrawn to remain eligible for the benefit.
Your ABLE account doesn't affect your eligibility for certain housing benefits like Section 8.
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Use of Funds
An ABLE account can be used to pay for a variety of expenses related to living with a disability, including education, housing, transportation, and more. The National Resource Center for Supported Decision-Making provides helpful resources and guidance for those interested in setting up an ABLE account.
An SNT, at the trustee's discretion, may pay for anything that benefits the beneficiary alone─ other than food and housing─ without affecting government benefits. If the beneficiary is an SSI recipient, food and housing expenditures are considered in-kind support (ISM) and will reduce payments from that program.
An ABLE account may pay for the beneficiary's "qualified disability expenses" (QDEs) to maintain or improve the health, independence, or quality of life of the beneficiary. This includes basic living expenses, education, housing, transportation, employment training and support, assistive technology, personal support services, health care expenses, financial management and administrative services.
The ability to pay for housing without affecting SSI is an attractive benefit of ABLE accounts. More categories may be added by further regulations.
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If withdrawals are made for expenditures other than QDEs, the earnings portion of the withdrawal would be subject to regular income tax and a 10% penalty. In those states that have adopted special state income tax benefits, improper withdrawals might also incur additional state tax penalties.
Here are some examples of qualified disability expenses:
- Basic living expenses
- Education
- Housing
- Transportation
- Employment training and support
- Assistive technology
- Personal support services
- Health care expenses
- Financial management and administrative services
Which to Choose?
An ABLE account is not ideal for managing significant third-party funds due to the likelihood of a Medicaid payback claim upon the death of the beneficiary.
An SNT is generally a better option for managing significant third-party funds because it avoids the Medicaid payback claim.
An ABLE account can be a helpful secondary tool to secure the financial futures of individuals with disabilities, but it's not a substitute for comprehensive SNT planning.
An ABLE account is useful for saving unspent work earnings or Social Security benefits for a future purchase without violating the general rule that the recipient of SSI and Medicaid cannot accumulate more than $2,000.
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An inheritance of less than $14,000 left directly to a person who receives Medicaid and/or SSI can be held in an ABLE account instead of a third-party SNT.
Contributions to an ABLE account can be used to provide for a beneficiary's housing expenses, avoiding an ISM reduction to their SSI payment.
An ABLE account can be an excellent vehicle to hold a small litigation settlement or an unexpected windfall, such as lottery winnings.
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In General
In General, distributions from a qualified ABLE program are subject to certain rules and regulations. No amount is includible in gross income if distributions do not exceed the qualified disability expenses of the designated beneficiary.
If distributions exceed qualified disability expenses, the amount includible in gross income is reduced by an amount that bears the same ratio to the amount as the expenses bear to the distributions. This means that if you use your ABLE account for expenses that are not qualified disability expenses, you may still be able to reduce the amount of income that is taxable.
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A qualified ABLE program is a program established and maintained by a State, or agency or instrumentality thereof, which meets certain requirements. These requirements include limiting a designated beneficiary to one ABLE account and meeting the other requirements of the section.
Any distribution under a qualified ABLE program is includible in the gross income of the distributee in the manner as provided under section 72, to the extent not excluded from gross income under any other provision of this chapter.
Here are some examples of qualified ABLE programs:
- Programs that limit a designated beneficiary to one ABLE account
- Programs that meet the other requirements of the section
- Programs established and maintained by a State, or agency or instrumentality thereof
Treatment of Distributions
Distributions from an ABLE account to its designated beneficiary are not treated as taxable gifts. This means you can pass on the funds to the people you care about without worrying about tax implications.
You'll need to keep records of your ABLE account distributions, as the IRS may request proof of how the funds were used. States are required to submit electronic statements on ABLE account distributions and balances to the Commissioner of Social Security on a monthly basis.
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Program Details
In an able account distribution, the total account balance is split among the beneficiaries based on their respective shares. This is usually done in a proportionate manner.
The distribution process can be a bit complex, especially if there are multiple beneficiaries with varying share percentages. The total account balance is calculated by adding up all the individual account balances.
Beneficiaries can be individuals, organizations, or even charities, and they can receive their shares in cash, assets, or a combination of both. The type of distribution method used will depend on the specific terms of the able account.
Able accounts often have a specific distribution period, which can range from a few years to several decades. This period is usually set by the account creator to ensure the funds are distributed over time.
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Frequently Asked Questions
Are distributions from an ABLE account taxable?
Distributions from an ABLE account are tax-free as long as they're used for qualified disability expenses. No taxes are owed on withdrawals made for eligible expenses.
Who inherits an ABLE account?
An ABLE account's assets go to a designated beneficiary after the account owner's death, but only after certain debts and taxes are paid. Learn more about the process and requirements for transferring an ABLE account
Sources
- https://www.irs.gov/government-entities/federal-state-local-governments/able-accounts-tax-benefit-for-people-with-disabilities
- https://www.nationaldisabilityinstitute.org/financial-wellness/able-accounts/
- https://uscode.house.gov/view.xhtml
- https://www.specialneedsalliance.org/blog/able-accounts-and-snts-how-to-choose/
- https://www.investopedia.com/able-account-eligible-expenses-5217840
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