Proposed Regulations on Which Taxpayers May Rely Issued for ABLE Accounts

The IRS announced in New Release IR-2015-91 that the agency has issued proposed regulations for the Achieving a Better Life Experience (ABLE) accounts created by Congress in December of 2013.  Such state sponsored accounts are available to benefit certain individuals who had a disability condition that began before their 26th birthday.

The proposed regulations, found at REG-102837-15, provide guidance to the states setting up such programs, designated beneficiaries of such programs and other interested parties.  These regulations are meant to provide the more detailed guidance the IRS referred to in Notice 2015-18.

The regulations do announce that there will be two new forms created to handle reporting issues for such accounts.

  • Form 1099-QA – For distributions from ABLE accounts
  • Form 5498-QA – For contributions to such accounts.

The IRS also announced that, pending the issuance of final regulations, the affected parties may rely on the guidance in the proposed regulations.