Section 11-5-440 - Opening of account by designated beneficiary; contributions; account owner powers; distributions; accounting; tax exemption(A) A Palmetto ABLE account established pursuant to the provisions of this article must be opened by a designated beneficiary, a designated beneficiary's agent under a durable power of attorney, a trustee holding funds for the benefit of a designated beneficiary, or a court appointed guardian or conservator of a designated beneficiary. Each designated beneficiary may have only one account. The State Treasurer may establish a nonrefundable application fee. An application for an account must be in the form prescribed by the State Treasurer and contain the following: (1) name, address, and social security number of the account owner;(2) name, address, and social security number of the designated beneficiary, if the account owner is the beneficiary's trustee or guardian;(3) certification relating to no excess contributions; and(4) additional information as the State Treasurer may require.(B) A person may make contributions to a Palmetto ABLE account after the account is opened, subject to the limitations imposed by Section 529A of the federal Internal Revenue Code of 1986, as amended, or any adopted rules and regulations promulgated by the State Treasurer pursuant to this article.(C) Contributions to a Palmetto ABLE account may be made only in cash. The State Treasurer or program manager shall reject or withdraw contributions promptly:(1) in excess of the limits established pursuant to subsection (B); or(2) the total contributions if the: (a) value of the account is equal to or greater than the account maximum established by the State Treasurer. The account maximum must be equal to the account maximum for post secondary education savings accounts; or(b) designated beneficiary is not an eligible individual in the current calendar year.(D)(1) An account owner may: (a) change the designated beneficiary of an account to an individual who is a qualified member of the family of the prior designated beneficiary in accordance with procedures established by the State Treasurer; and(b) transfer all or a portion of an account to another ABLE account, the designated beneficiary of which is a member of the family as defined in Section 529A of the federal Internal Revenue Code of 1986, as amended.(2) An account owner may not use an interest in an account as security for a loan. A pledge of an interest in an account is of no effect.(E)(1) If there is any distribution from an account to an individual or for the benefit of an individual during a calendar year, the distribution must be reported to the federal Internal Revenue Service and each account owner, the designated beneficiary, or the distributee to the extent required by state or federal law.(2) A statement must be provided to each account owner annually and at other increments established by the State Treasurer in the program guidelines. The statement must contain the information the State Treasurer requires to be reported to the account owner.(3) A statement and information relating to an account must be prepared and filed to the extent required by this article and other state or federal law.(F)(1) The program shall provide separate accounting for each designated beneficiary. An annual fee may be imposed upon the account owner for the maintenance of an account.(2) Funds held in a Palmetto ABLE account:(a) are exempt from attachment, execution, or garnishment for claims of creditors of the contributor and the designated beneficiary;(b) to the fullest extent permissible under state and federal law, will be disregarded for the purposes of determining a designated beneficiary's eligibility to receive, or the amount of, any public assistance available to the designated beneficiary, including Medicaid; and(c) following the death of a designated beneficiary, may be subject to recovery by the South Carolina Department of Health and Human Services up to an amount equal to the total of Medicaid benefits, if any, paid on behalf of the designated beneficiary by the state Medicaid program, but only to the extent recovery is required by state or federal law. Recovery by the State is subject to regulations imposed by the Secretary.(3) The amount distributed from a Palmetto ABLE account for the purposes of paying qualified disability expenses:(a) are exempt from attachment, execution, or garnishment for claims of creditors of the contributor and the designated beneficiary; and(b) to the fullest extent permissible under state and federal law, will be disregarded for the purposes of determining a designated beneficiary's eligibility to receive, or the amount of, any public assistance available to the designated beneficiary, including Medicaid.(G) To the extent earnings in an ABLE account and distributions from an ABLE account, or a qualified account under Section 529A located in another state, are not subject to federal income tax, they will not be subject to state income tax.Amended by 2019 S.C. Acts, Act No. 88 (HB 3986),s 1, eff. 5/24/2019.Added by 2016 S.C. Acts, Act No. 165 (HB 3768), s 1, eff. 4/29/2016. 2016 Act No. 165, Section 4, provides as follows:
"SECTION 4. This act takes effect upon approval by the Governor and applies for tax years beginning after 2015."