New Savings Accounts (ABLE) for Disabled People

Posted by Ronald J. Fichera Oct 10, 2018

Learn about the tax-advantaged savings account: the ABLE Account.

Being blind or disabled can be expensive. One big problem disabled people have saving money is that it can result in loss of their eligibility to receive Social Security disability (SSI) or Medicaid benefits, which are usually available only to people with financial assets of $2,000 or less. Fortunately, a new type of tax-advantaged savings account has been established by Congress to help disabled individuals and their families: the ABLE Account (named for the Achieving a Better Life Experience (ABLE) Act). ABLE accounts give disabled people the ability to save money to help pay for their expenses without jeopardizing their eligibility to receive government assistance.

What Is an ABLE Account?

ABLE Accounts are much like the tax-free 529 accounts used to save for college education. The accounts are run by the states. Disabled individuals or their families may establish a single ABLE account, and the individuals, family, friends (or anyone else) may contribute a total of $14,000 into the account each year (this amount is the same as the annual gift tax exclusion, which is adjusted for inflation over time). Any amounts that exceed the annual limit must be returned. There is also a total limit on how much may be contributed over time, which is the same as the state's section 529 qualified tuition program limit. In many states, this limit is $300,000.

Contributions to ABLE accounts are not tax deductible, but are excluded from the federal gift tax. The income the money in the account earns is not taxed. Withdrawals from the account are also tax-free so long as the money is used for “qualified disability expenses.” These include expenses for maintaining or improving health, independence, or quality of life—for example, education, housing, transportation, employment training and support, assistive technology, personal support services (such as home health aides), health care expenses, financial management and administrative services, legal fees, and funeral expenses. Withdrawals made for other nonqualified purposes are subject to regular income tax plus a 10% penalty tax.

The money in an ABLE account is not counted by the government when determining eligibility for government benefits. However, disabled individuals who accrue more than $100,000 in an ABLE account will lose their eligibility to receive SSI benefits, but can continue to receive Medicaid.

Who May Establish an ABLE Account?

ABLE Accounts are much like the tax-free 529 accounts used to save for college education. The accounts are run by the states. Disabled individuals or their families may establish a single ABLE account, and the individuals, family, friends (or anyone else) may contribute a total of $14,000 into the account each year (this amount is the same as the annual gift tax exclusion, which is adjusted for inflation over time). Any amounts that exceed the annual limit must be returned. There is also a total limit on how much may be contributed over time, which is the same as the state's section 529 qualified tuition program limit. In many states, this limit is $300,000.

Anyone who started receiving disability benefits (SSI or SSDI) before age 26 is automatically eligible to open an ABLE account. Others can open an ABLE account by certifying, under penalty of perjury, that they meet the necessary requirements. This means they have a signed physician's diagnosis and will provide it to the program or the IRS upon request. However, eligible individuals with disabilities do not need to provide the written diagnosis when opening the ABLE account and ABLE programs do not need to obtain or evaluate their medical records.

A disabled person's parent, legal guardian, or agent with power of attorney, may establish an ABLE account on his or her behalf. However, only the designated blind or disabled beneficiary can have any interest in the ABLE account during his or her lifetime.

How to Establish an ABLE Account.

Each state is responsible for establishing and operating its own ABLE account program. Money placed in an ABLE account is invested by the state. The account holders have only limited choices about how aggressively or conservatively the money should be invested.

States are not required to participate in the ABLE account program, and some have chosen not to do so (you can find a list of states that have established ABLE programs at the ABLE State Legislation webpage maintained by the National Down Syndrome Society). However, you don't have to establish an ABLE account with the state government of the state you live in. You can do so in any state that has an ABLE account program. Indeed, you should compare all the ABLE programs available to see which program is best suited for you.

You can go here to obtain additional information on Pennsylvania ABLE Accounts.

https://www.paable.gov/

See the National Down Syndrome Society‘s State ABLE Programs webpage for a list of state ABLE program websites.

https://www.ndss.org/advocate/national-advocacy-public-policy/achieving-a-better-life-act-experienceable-act/state-able-programs/

This article was provided by Stephen Fishman, JD, a contributing author, and is brought to you by the Ronald J. Fichera Law  Firm, where our mission is to provide trusted, professional legal services and strategic advice to assist our clients in their personal and business matters. Our firm is committed to delivering efficient and cost-effective legal services focusing on communication, responsiveness, and attention to detail. For more information about our services, contact us today!

As a reminder, this Blog Post is for informational purposes only and is not intended as legal or tax advice.