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GA HB768

Bill

Status

Passed

5/3/2016

Primary Sponsor

Lee Hawkins

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Origin

House of Representatives

2015-2016 Regular Session

AI Summary

  • Establishes the Georgia Achieving a Better Life Experience (ABLE) Act, creating tax-exempt savings accounts for eligible individuals with disabilities to pay for qualified disability expenses as defined under Section 529A of the Internal Revenue Code
  • Creates the Georgia ABLE Program Corporation, governed by a 9-member board of directors including 6 state officials and 3 Governor-appointed members (at least 2 of whom must be persons with a disability, a family member of a person with a disability, or a disability advocacy professional)
  • Qualified withdrawals from ABLE accounts are exempt from state income tax; nonqualified withdrawals are subject to a 10% penalty on the earnings portion plus inclusion of the earnings portion in taxable income
  • ABLE account balances, earnings, and distributions for qualified disability expenses may not be considered when determining eligibility for state or local public assistance programs
  • ABLE accounts are protected from creditors and cannot be assigned, pledged, or subjected to attachment, levy, or garnishment, except for Medicaid recovery claims filed upon the death of the designated beneficiary

Legislative Description

Handicapped persons; ABLE program establishment to use tax exempt accounts to pay for qualified expenses of eligible individuals with disabilities; provisions

Last Action

Effective Date

5/3/2016

Full Bill Text

No bill text available