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529 ABLE Accounts
The Achieving a Better Life Experience (ABLE) Act
The ABLE Act, which was signed into law in December 2014, allows Americans who are living with disabilities to save money for college and other expenses in a tax-deferred account as a supplement to private insurance and public benefits.
529 ABLE (529A) accounts
Similar to a 529 college savings plan, 529 ABLE accounts are savings accounts administered by the states. Money can be withdrawn tax-free when the funds are used to pay for qualified disability expenses. The contribution limit for 2022 is $16,000 (the amount of the annual gift tax exclusion) and many states have total contribution limits that exceed $300,000.
However, if a person's 529 ABLE account balance exceeds $100,000 they will no longer be eligible for SSI benefits. Also, if the beneficiary dies, states will be able to recoup some of expenses through Medicaid.
The signing of the PATH Act in 2015 removed residency requirements from 529 ABLE accounts, giving individuals the option of using any state's plan. Yet some states may offer tax benefits for those who use their home state's plan.
Why 529 ABLE accounts are so important
Prior to the ABLE Act, if a person with a disability earned more than $700 per month or had savings or other assets in excess of $2,000 they risked having to forfeit eligibility for government programs like Medicaid. The only way families could get around this was to set up a special needs trust, which is often very costly to do. As a result, there has been little incentive to save, and many people with disabilities end up living below the poverty level.
Eligibility
To qualify for a 529 ABLE account, individuals must have been diagnosed with a significant disability before they turned 26 years old, with a condition expected to last at least 12 consecutive months. The individual must also be receiving benefits under SSI and/or SSDI, or be able to obtain a disability certification from a doctor.
As of January 1, 2022, parents who have saved money in a 529 college savings account may be able to roll up to $16,000 (in 2022) of the funds into a 529 ABLE account in the event the beneficiary is later diagnosed with a disability such as autism.
Qualified disability expenses
Qualified disability expenses include education, job training and support, healthcare and financial management.
Investment options
States provide families with multiple investment options to suit various savings goals and risk tolerance levels. Account owners will be able to make changes to their investments two times per year.
States with active 529 ABLE accounts
Each state will establish their own regulations to make 529 ABLE accounts available. Here are states that currently or will soon offer ABLE programs:
Plan
Residency Requirement
State Tax Deduction
Total Asset-Based Expense Ratio
Debit or Purchasing Card?
Alabama
NO
Contributions to an Alabama 529 plan of up to $5,000 per year by an individual, and up to $10,000 per year by married taxpayers filing jointly who each make their own contributions, are deductible in computing Alabama taxable income.
0.30%-0.34%
YES
Arizona
YES
Contributions to an ABLE account of up to $2,000 per year per beneficiary by an individual, and up to $4,000 per year per beneficiary by a married couple filing jointly, are deductible in computing Arizona taxable income. The original sunset date of December 31, 2012 has been removed, thus making the deduction permanent.
0.19%-0.33%
YES
Delaware
NO
Contributions to a DEPENDABLE account of up to $5,000 per year for those filing a single return and $10,000 per year for those filing a joint return are deductible in computing Delaware taxable income.
0.34%-0.37%
YES
Georgia
YES
Contributions to the STABLE Account Plan are not deductible for Georgia state income tax purposes. Earnings from the investment of contributions to a STABLE Account Plan will not be subject to Georgia state income tax, to the extent such earnings are exempt from U.S. federal income taxation under Section 529A.
0.19%-0.33%
YES
Iowa
NO
Iowa individual taxpayers who make a contribution can deduct up to $3,522 for 2022 (adjusted annually for inflation) of their contributions including rollovers from a Non-Iowa 529A plan, in determining their adjusted gross income for Iowa income tax purposes.
0.34%-0.37%
YES
Kansas
NO
Kansas taxpayers can deduct up $3,000 per individual/$6,000 per couple. This deduction only applies to contributions made to KS ABLE accounts.
0.34%-0.37%
NO
Kentucky
YES
Contributions to the Plan are not deductible for Kentucky state income tax purposes. Earnings grow tax-deferred from Kentucky state income tax.
0.19%-0.33%
YES
Maine
YES
Maine's treatment substantively conforms with federal treatment for qualifying deposits, withdrawals, and rollovers. Maine does not provide for a comparable Saver's Credit for Maine income tax purposes. Maine's treatment also substantively conforms with federal treatment for Estate tax purposes.
--
YES
Maryland
NO
Each beneficiary or individual who contributes to the beneficiary's ABLE account can deduct up to $2,500 of contributions each year from his/her Maryland income per beneficiary; $5,000 for two, $7,500 for three, etc. Contributions in excess of $2,500 can be deducted for up to the next 10 years. Contributions in following years could be eligible for deduction; however, more than $2,500 per beneficiary may not be deducted in any year and the 10-year limit on each year's contribution may not be extended.
0.3463%-0.3744%; 0.95%0.65%
YES
Michigan
NO
Contributions to a plan account are deductible, in an amount not to exceed $10,000 for married taxpayers filing jointly ($5,000 for single taxpayers and for married taxpayers filing separate returns), in computing the contributor's taxable income under Michigan law.
0.50%-0.78%
YES
Mississippi
NO
Any contributor into a Mississippi ABLE account may deduct from their Mississippi taxable income any contributions into an Mississippi ABLE account up to a maximum annual amount limit established by Congress for such accounts for single, joint and other filers.
0.34%-0.37%
YES
Missouri
YES
Missouri residents and taxpayers may deduct the amount of their contributions to a MO ABLE Account from their Missouri adjusted gross income. Annual contributions made to the MO ABLE program up to and including eight thousand dollars ($8,000) per participating taxpayer, and up to sixteen thousand dollars ($16,000) for married individuals filing a joint tax return, shall be subtracted in determining Missouri adjusted gross income.
0.19%-0.33%
YES
Montana
NO
Montana taxpayers can deduct $3,000 per tax year for contributions to their own account, spouse, or their child. This deduction only applies to contributions made to MT ABLE accounts.
0.34%-0.37%
YES
Nebraska
NO
Contributions by anyone who files a Nebraska state income tax return are eligible to receive a Nebraska state income tax deduction for their own contributions of up to $10,000 ($5,000 if married, filing separately).
0.40%-0.45%
YES
New Hampshire
YES
New Hampshire does not have a state income tax. Income and distributions from any qualified ABLE program as defined in the Internal Revenue Code of 1986, as amended, shall be exempt from the interest and dividends tax pursuant to RSA 77:4-h, provided that distributions from the plan which are subject to federal income tax shall be subject to the interest and dividends tax pursuant to RSA 77 on the accrued income portion of the savings plan distribution.
0.19%-0.33%
YES
New Mexico
YES
Contributions to the Plan are not deductible for New Mexico state income tax purposes. However, contributions to the Plan that are considered non-taxable "gifts" for federal income tax purposes are subject to the same treatment for New Mexico state income tax purposes. Earnings grow tax-deferred from New Mexico state income tax. Earnings are not subject to New Mexico state income tax while they remain in a STABLE Account.
0.19%-0.33%
YES
Ohio
NO
Contributions are deductible for Ohio state income tax purposes, up to $4,000 per year, per STABLE Account contributed to, with unlimited carry forward.
0.19%-0.33%; 0.45%-0.59%
YES
Oklahoma
YES
Beginning with 2021 income tax filing, contributions to an Oklahoma STABLE plan of up to $10,000 per year by an individual, and up to $20,000 per year by a married couple filing jointly, will be deductible in computing Oklahoma taxable income. Earnings grow tax-deferred from Oklahoma state income tax and are not subject to Oklahoma state income tax while they remain in an Oklahoma STABLE account.
0.19%-0.33%
YES
Oregon
NO
Oregon taxpayers are eligible to receive a state tax credit for contributions to accounts of up to $150 ($300 if filing jointly). The amount the taxpayer must contribute to get the full credit increases based on the taxpayer's income. The tax credit provides the same maximum credit to all Oregonians who are saving for college, community college, trade school, or any other post-secondary education.
The tax credit went into effect on January 1, 2020, replacing the state income tax deduction. The deduction was allowed for contributions to an Oregon 529 plan of up to $2,435 by an individual, and up to $4,865 by a married couple filing jointly in computing Oregon taxable income, with a four-year carry forward of excess contributions. For account owners taking advantage or planning to take advantage of the carry forward, this option remains available for contributions made through December 31, 2019. Account owners are able to carry forward the unused subtraction over the following four years. The new tax credit would be in addition to any carried forward deductions.
0.30%-0.34%
YES
Oregon
YES
Oregon taxpayers are eligible to receive a state tax credit for contributions to accounts of up to $150 ($300 if filing jointly). The amount the taxpayer must contribute to get the full credit increases based on the taxpayer's income. The tax credit provides the same maximum credit to all Oregonians who are saving for college, community college, trade school, or any other post-secondary education.
The tax credit went into effect on January 1, 2020, replacing the state income tax deduction. The deduction was allowed for contributions to an Oregon 529 plan of up to $2,435 by an individual, and up to $4,865 by a married couple filing jointly in computing Oregon taxable income, with a four-year carry forward of excess contributions. For account owners taking advantage or planning to take advantage of the carry forward, this option remains available for contributions made through December 31, 2019. Account owners are able to carry forward the unused subtraction over the following four years. The new tax credit would be in addition to any carried forward deductions.
0.30%-0.34%
YES
Pennsylvania
NO
Contributions of up to $16,000 per year can be deducted on Pennsylvania state income taxes, and PA ABLE account owners pay no federal or state income tax on account growth or qualified withdrawals.
0.30%-0.34%
YES
South Carolina
YES
Contributions to the Palmetto ABLE Savings Program are deductible for South Carolina state income tax purposes. South Carolina residents and taxpayers may deduct the amount of their contributions to a STABLE Account from their South Carolina adjusted gross income, up to $15,000, for each STABLE Account to which they have contributed. Earnings grow tax-deferred from South Carolina state income tax.
0.19%-0.33%
YES
Utah
YES
Contributions to the STABLE Account Plan are not deductible for Utah state income tax purposes. Earnings grow tax-deferred from Utah state income tax. and are not subject to Utah state income tax while they remain in a STABLE Account.
0.19%-0.33%
YES
Vermont
YES
Vermont ABLE contributions are not tax deductible on your federal or state income tax filings.
0.19%-0.33%
YES
Virginia
NO
Virginia permits a Virginia individual income tax deduction for contributions to accounts. The amount deducted on any individual income tax return in any taxable year is generally limited to $2,000 per account. Contributors may carry forward any un-deducted amounts until their contributions have been fully deducted. Contributions are fully deductible in the year of contribution for taxpayers at least 70 years of age.
-0.36%0.75%
YES
Virginia
NO
A Virginia individual income tax deduction of up to $2,000 per account on contributions, with unlimited carryovers to the extent of the contributions. Contributions are fully deductible in the year of contribution for taxpayers at least 70 years of age.
0.36%-0.39%
YES
West Virginia
YES
As of May 30, 2019, and pursuant to West Virginia Code §11-21-12(i), contributions to the plan are deductible for West Virginia state income tax purposes. West Virginia residents and taxpayers may deduct contributions to a STABLE Account from West Virginia adjusted gross income, but only to the extent the amount is not allowable as a deduction when arriving at the tax payer's federal adjusted gross income for the taxable year in which the payment is made. The taxpayer may also elect to carry forward the deduction over a period not to exceed five taxable years, beginning in the taxable year in which the contribution was made.
0.19%-0.33%
YES