ABLE MATCH (Making Able a Tool to Combat Hardship) Act
A BILL
To amend the Internal Revenue Code of 1986 to provide matching payments for ABLE account contributions by certain individuals, and for other purposes.
Sec. 2 Matching payments for ABLE account contributions by certain individuals
“6433A. Matching payments for ABLE account contributions by certain individuals
“(a) In general
“(1) Allowance of match—Any individual who is the designated beneficiary of an ABLE account as of the last day of the taxable year and who makes qualified ABLE account contributions for such taxable year shall be allowed a matching contribution for such taxable year in an amount equal to the applicable percentage of so much of the qualified ABLE account contributions made by such individual for the taxable year as does not exceed $2,000.
“(2) Payment of match
“(A) In general—Except as provided in subparagraph (B), the matching contribution under this section shall be allowed as a credit which shall be payable by the Secretary as a contribution (as soon as practicable after the individual has filed a tax return making a claim for such matching contribution for the taxable year) to the ABLE account of the individual.
“(B) Exception—In the case of an individual who elects the application of this subparagraph and with respect to whom the matching contribution determined under paragraph (1) is greater than zero but less than $50 for the taxable year, subparagraph (A) shall not apply and such matching contribution shall be treated as a credit allowed by subpart C of part IV of subchapter A of chapter 1.
“(b) Applicable percentage—For purposes of this section—
“(1) In general—Except as provided in paragraph (2), the applicable percentage is 100 percent.
“(2) Phaseout—The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 100 percentage points as—
“(A) the excess of—
“(i) the taxpayer's modified adjusted gross income for such taxable year, over
“(ii) the applicable dollar amount, bears to
“(B) $20,000.
“(3) Applicable dollar amount—The applicable dollar amount is—
“(A) in the case of a joint return, $56,000,
“(B) in the case of a head of household (as defined in section 2(b)), 3/4 of the amount applicable under subparagraph (A), and
“(C) in any other case, 1/2 of the amount applicable under subparagraph (A).
“(c) Qualified ABLE account contributions—For purposes of this section—
“(1) In general—The term qualified ABLE account contributions means, with respect to any taxable year, the amount of contributions made by the individual to the ABLE account of which such individual is the designated beneficiary. Such term shall not include any amount attributable to a payment under subsection (a)(2).
“(2) Reduction for certain distributions
“(A) In general—The qualified ABLE account contributions determined under paragraph (1) for a taxable year shall be reduced (but not below zero) by the aggregate distributions received by the individual during the testing period from the ABLE account.
“(B) Testing period—For purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes—
“(i) such taxable year,
“(ii) the 2 preceding taxable years, and
“(iii) the period after such taxable year and before the due date (including extensions) for filing the return of tax for such taxable year.
“(C) Excepted distributions—There shall not be taken into account under subparagraph (A) the amount of distributions under a qualified ABLE program (within the meaning of section 529A) that is equal to amounts not included in gross income with respect to such distributions under section 529A(c)(1)(B) (relating to distributions for qualified disability expenses).
“(D) Treatment of distributions received by spouse of individual—For purposes of determining distributions received by an individual under subparagraph (A) for any taxable year, any distribution received by the spouse of such individual shall be treated as received by such individual if such individual and spouse file a joint return for such taxable year and for the taxable year during which the spouse receives the distribution.
“(d) ABLE account—For purposes of this section, the term ABLE account has the meaning given such term under section 529A.
“(e) Other definitions and special rules
“(1) Modified adjusted gross income—For purposes of this section, the term modified adjusted gross income means adjusted gross income determined without regard to sections 911, 931, and 933.
“(2) Treatment of contributions—In the case of any contribution under subsection (a)(2), such contribution shall not be taken into account with respect to the limitation under section 529A(b)(2)(B).
“(3) Erroneous credits
“(A) In general—If any contribution is erroneously paid under subsection (a)(2), including a payment that is not made to an ABLE account, the amount of such erroneous payment shall be treated as an underpayment of tax (other than for purposes of part II of subchapter A of chapter 68) for the taxable year in which the Secretary determines the payment is erroneous.
“(B) Distribution of erroneous credits—In the case of a contribution to which subparagraph (A) applies, section 72 shall not apply to the distribution of such contribution (and any income attributable thereto) if such distribution is received not later than the day prescribed by law (including extensions of time) for filing the individual’s return for such taxable year.
“(4) Exception from reduction or offset—Any payment made to any individual under this section shall not be—
“(A) subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 or any similar authority permitting offset, or
“(B) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection.
“(5) Election not to have section apply—A taxpayer may elect not to have this section apply for any taxable year.
“(f) Inflation adjustments
“(1) In general—In the case of any taxable year beginning in a calendar year after 2027, the $56,000 amount in subsection (b)(3)(A) shall be increased by an amount equal to—
“(A) such dollar amount, multiplied by
“(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “calendar year 2026” for “calendar year 2016” in subparagraph (A)(ii) thereof.
“(2) Rounding—Any increase determined under paragraph (1) shall be rounded to the nearest multiple of $1,000.”