Current through October 31, 2024
Section 1.529A-0 - Table of contentsThis section lists the following captions contained in §§ 1.529A-1 through 1.529A-8 .
§ 1.529A-1Exempt status of qualified ABLE program and definitions.(b) Definitions. (3) Designated beneficiary.(4) Disability certification.(10) Excess aggregate contribution.(11) Investment in the account.(12) Member of the family.(13) Program-to-program transfer.(14) Qualified ABLE program.(15) Qualified disability expenses.§ 1.529A-2Qualified ABLE program.(b) Established and maintained by a State or agency or instrumentality of a State.(2) Maintained. (ii) Multiple States, agencies, or instrumentalities.(3) Community Development Financial Institutions (CDFIs).(c) Establishment of an ABLE account and signature authority.(1) Establishment of the ABLE account.(3) Only one ABLE account.(d) Eligible individual.(2) Frequency of recertification.(3) Loss of qualification as an eligible individual.(e) Disability certification.(2) Marked and severe functional limitations.(3) Compassionate allowance list.(5) Restriction on use of certification.(f) Change of designated beneficiary. (2) Change effective upon death.(g) Contributions. (1) Permissible property.(2) Annual contributions limit.(4) Return of excess contributions, excess compensation contributions, and excess aggregate contributions.(5) Restriction of contributors.(h) Qualified disability expenses. (j) Program-to-program transfers.(k) Carryover of attributes. (2) Annual contribution limit.(3) Investment direction limit.(l) Investment direction.(m) No pledging of interest as security.(p) Reporting requirements.§ 1.529A-3Tax treatment.(a) Taxation of distributions.(b) Additional exclusions from gross income. (2) Program-to-program transfers.(3) Change of designated beneficiary.(4) Payments to creditors post-death.(c) Computation of earnings.(d) Additional tax on amounts includible in gross income.(e) Tax on excess contributions.(g) No inference outside section 529A.§ 1.529A-4Gift, estate, and generation-skipping transfer taxes.(a) Contributions. (2) Generation-skipping transfer (GST) tax.(3) Designated beneficiary as contributor.(c) Transfer to another designated beneficiary.(d) Transfer tax on death of designated beneficiary.§ 1.529A-5Reporting of the establishment of and contributions to an ABLE account.(b) Additional definitions. (c) Requirement to file return. (2) Information included on return.(3) Time and manner of filing return.(d) Requirement to furnish statement.(2) Time and manner of furnishing statement.(3) Copy of Form 5498-QA.(e) Request for TIN of designated beneficiary.(f) Penalties. (1) Failure to file return.(2) Failure to furnish TIN.§ 1.529A-6Reporting of distributions from and termination of an ABLE account.(b) Requirement to file return. (2) Information included on return.(3) Information excluded.(4) Time and manner of filing return.(c) Requirement to furnish statement.(2) Time and manner of furnishing statement.(3) Copy of Form 1099-QA.(d) Request for TIN of contributor(s).(e) Penalties. (1) Failure to file return.(2) Failure to furnish TIN.§ 1.529A-7Electronic furnishing of statements to designated beneficiaries and contributors.(a) Electronic furnishing of statements. (3) Required disclosures.§ 1.529A-8Applicability dates and transition relief.(b) Transition relief.(3) Compliance after transition period.