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ABLE Account Amendments

Posted on June 5, 2017

ABLE Account Amendments

H.B. 145: An Act to Amend Title 16 of the Delaware Code Relating to Achieving a Better Life Experience Savings Accounts.

H.B. 148: An Act to Amend Title 30 of the Delaware Code Relating to College Savings and “ABLE” Savings Accounts.

Synopsis:

Signed: H.B. 145 was signed into law by Gov. John Carney on July 28, 2017.

Update: H.B. 148 has been superseded by H.B. 296.

H.B. 145 and 148 aim to increase the savings for Delawareans with disabilities who use Achieving a Better Life Experience (ABLE) accounts. ABLE accounts, which are savings accounts for people with disabilities exempted from certain taxes, were created by the federal ABLE Act of 2014. H.B. 145 establishes that upon the death of an account’s beneficiary, state agencies are prohibited from taking back funds they had previously spent providing services to the deceased. This practice, which is called the “claw back” provision, is allowed by the federal law. H.B. 148 would enable people to deduct from their personal income taxes the amount they contributed to any ABLE account, up to $2,500, whether the account was created in Delaware or a different state. The federal act did not create any deductions. Supporters say both bills would further incentivize saving for individuals with disabilities.

Rep. Trey Paradee
Rep. Trey Paradee
H.B. 145 & 148 lead sponsor

Supporters:

Reps. Trey Paradee (D), Ruth Briggs-King (R), Charles Potter (D), Kevin Hensley (R); Sens. Nicole Poore (D), Colin Bonini (R), John Walsh (D); 321 Foundation.

Opponents:

Opponents: None reported.

Links to Additional Resources:

H.B. 145
H.B. 148
ABLE Resource Center
Kayla’s Bill, creating Delaware’s ABLE program
State Council for Persons with Disabilities letter endorsing H.B. 145

This entry was posted in and tagged 145, 148, hb 145, hb 148, hb145, hb148, taxation, Taxes.

Center for Disabilities Studies

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Newark, DE 19716

Phone: 302-831-6974

TDD: 302-831-4689

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