Contribution Limits Applicable to ABLE Accounts, 54529-54533 [2019-21477]
Download as PDF
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules
internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s web page at https://
www.faa.gov/air-traffic/publications/
airspace-amendments/.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office (see the
ADDRESSES section for the address and
phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except federal holidays. An informal
docket may also be examined during
normal business hours at the Federal
Aviation Administration, Air Traffic
Organization, Central Service Center,
Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX
76177.
keep them operationally current, is noncontroversial and unlikely to result in
adverse or negative comments. It,
therefore: (1) Is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as
the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated,
would not have a significant economic
impact on a substantial number of small
entities under the criteria of the
Regulatory Flexibility Act.
Availability and Summary of
Documents for Incorporation by
Reference
This document proposes to amend
FAA Order 7400.11D, Airspace
Designations and Reporting Points,
dated August 8, 2019, and effective
September 15, 2019. FAA Order
7400.11D is publicly available as listed
in the ADDRESSES section of this
document. FAA Order 7400.11D lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
The Proposal
The FAA is proposing an amendment
to Title 14 Code of Federal Regulations
(14 CFR) part 71 by amending Class E
airspace extending upward from 700
feet above the surface within a 6.3-mile
radius of Neillsville Municipal Airport,
Neillsville, WI, and removing the
Neillsville NDB, this action is necessary
due to the decommissioning of the
Neillsville NDB, and for the safety and
management of instrument flight rules
(IFR) operations at the airport.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.11D, dated August 8, 2019,
and effective September 15, 2019, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
VerDate Sep<11>2014
16:44 Oct 09, 2019
Jkt 250001
Environmental Review
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting
Points, dated August 8, 2019, and
effective September 15, 2019, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth
*
*
*
AGL WI E5
*
*
Neillsville, WI [Amended]
Neillsville Municipal Airport, WI
(Lat. 44°33′29″ N, long. 90°30′44″ W)
That airspace extending upward from 700
feet above the surface within a 6.3-mile
radius of Neillsville Municipal Airport.
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
54529
Issued in Fort Worth, Texas, on October 2,
2019.
Steve Szukala,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2019–21960 Filed 10–9–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
RIN 1545–BP10
Contribution Limits Applicable to
ABLE Accounts
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
This document contains
proposed regulations related to the
Internal Revenue Code (Code), which
allows a State (or its agency or
instrumentality) to establish and
maintain a tax-advantaged savings
program under which contributions may
be made to an ABLE account for the
purpose of paying for the qualified
disability expenses of the designated
beneficiary of the account. The affected
Code section was amended by the Tax
Cuts and Jobs Act, signed into law on
December 22, 2017. The Tax Cuts and
Jobs Act allows certain designated
beneficiaries to contribute a limited
amount of compensation income to their
own ABLE accounts.
DATES: Comments must be received by
January 8, 2020.
ADDRESSES: Submit electronic
submissions via the Federal
eRulemaking Portal at
www.regulations.gov (indicate IRS and
REG–128246–18) by following the
online instructions for submitting
comments. Once submitted to the
Federal eRulemaking Portal at
www.regulations.gov comments cannot
be edited or withdrawn. The
Department of the Treasury (Treasury
Department) and the IRS will publish
for public availability any comment
received to its public docket, whether
submitted electronically or in hard
copy. Send hard copy submissions to:
CC:PA:LPD:PR (REG–128246–18), Room
5203, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions
may be hand-delivered Monday through
Friday between the hours of 8 a.m. and
4 p.m. to CC:PA:LPD:PR (REG–128246–
18), Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue NW,
Washington, DC 20224.
SUMMARY:
E:\FR\FM\10OCP1.SGM
10OCP1
54530
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
Concerning these proposed regulations,
Julia Parnell, (202) 317–4086;
concerning submissions of comments
and requests for a public hearing,
Regina Johnson at email address
fdms.database@irscounsel.treas.gov and
(202) 317–6901 (not toll-free numbers).
SUPPLEMENTARY INFORMATION: This
document contains proposed
regulations related to section 529A of
the Internal Revenue Code (Code),
which allows a State (or its agency or
instrumentality) to establish and
maintain a tax-advantaged savings
program under which contributions may
be made to an ABLE account for the
purpose of paying for the qualified
disability expenses of the designated
beneficiary of the account. Section 529A
was amended by the Tax Cuts and Jobs
Act, Public Law 115–97, 131 Stat. 2054,
(2017) (2017 Act), signed into law on
December 22, 2017. The 2017 Act
allows certain designated beneficiaries
to contribute a limited amount of
compensation income to their own
ABLE accounts.
Background
1. The ABLE Act
The Stephen Beck, Jr., Achieving a
Better Life Experience Act of 2014 (the
‘‘ABLE Act’’) was enacted on December
19, 2014, as part of the Tax Increase
Prevention Act of 2014, Public Law
113–295, 128 Stat. 4010, (2014). The
ABLE Act added section 529A to the
Code. Section 529A allows a State (or its
agency or instrumentality) to establish
and maintain a tax-advantaged savings
program under which contributions may
be made to an ABLE account for the
purpose of paying for the qualified
disability expenses of the designated
beneficiary of the account. Section 529A
was amended by the 2017 Act.
Prior to its amendment by the 2017
Act, section 529A(b)(2) stated that a
program shall not be treated as a
qualified ABLE program unless it
provides that no contribution will be
accepted unless it is in cash, or if the
contribution (other than a rollover
contribution described in section
529A(c)(1)(C)) would result in aggregate
contributions from all contributors in
excess of the amount of the section
2503(b) gift tax exclusion for the
calendar year in which the designated
beneficiary’s taxable year begins. Under
section 529A(b)(2), rules similar to the
rules of section 408(d)(4) apply to
permit the return of excess
contributions (with any attributable net
income) on or before the due date
(including extensions) of the designated
beneficiary’s income tax return. In
VerDate Sep<11>2014
16:44 Oct 09, 2019
Jkt 250001
addition, under section 529A(b)(6), a
qualified ABLE program must provide
adequate safeguards to ensure that total
contributions do not exceed the State’s
limit for aggregate contributions under
its qualified tuition program as
described in section 529(b)(6). A
qualified tuition program under section
529 is a program established by a State
(or its agency or instrumentality) that
permits a person to prepay or contribute
to a tax-favored savings account for a
designated beneficiary’s qualified higher
education expenses (QHEEs) or a
program established by an eligible
educational institution that permits a
person to prepay a designated
beneficiary’s QHEEs.
2. Prior Rulemaking and Statutory
Change
On June 22, 2015, the Treasury
Department and the IRS published a
Notice of Proposed Rulemaking (REG–
102837–15) in the Federal Register (80
FR 35602) (the 2015 Proposed
Regulations). More than 200 written
comments were received in response to
the 2015 Proposed Regulations and a
public hearing was held on October 14,
2015.1 In addition to these comments,
several commenters asked the Treasury
Department and the IRS to issue interim
guidance to address three particular
issues so that these programs could be
established before the issuance of final
regulations. In order to prevent a delay
in the creation of ABLE programs, the
Treasury Department and the IRS issued
Notice 2015–81, 2015–49 I.R.B. 784
(Dec. 7, 2015), which describes how the
Treasury Department and the IRS intend
to revise three particular provisions of
the proposed regulations under section
529A when those regulations are
finalized.
Since the issuance of the 2015
Proposed Regulations and the Notice,
two statutes have been enacted that
amended one or more provisions of
section 529A. On December 18, 2015,
section 303 of the Protecting Americans
from Tax Hikes Act of 2015 (the PATH
Act), was enacted as part of the
Consolidated Appropriations Act,
Public Law 114–113, 129 Stat. 2242,
(2016). The PATH Act amended section
529A(b)(1), effective for taxable years
beginning after December 31, 2014, by
removing the requirement that a State’s
qualified ABLE program allow the
establishment of an ABLE account only
for a designated beneficiary who is a
resident of that State or of a contracting
1 Comments related to the 2015 Proposed
Regulations will be considered prior to finalizing
them, which the Treasury Department and the IRS
expect to occur in conjunction with the finalization
of these proposed regulations.
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
State. Due to this amendment, the
Treasury Department and the IRS intend
to remove references to the residency
requirement in the proposed regulations
under section 529A when those
regulations are finalized. The other
statutory change was made in the 2017
Act as described in these proposed
regulations.
3. The 2017 Act
The 2017 Act amended section
529A(b)(2)(B) to allow an employed
designated beneficiary described in new
section 529A(b)(7) to contribute, prior to
January 1, 2026, an additional amount
in excess of the limit in section
529A(b)(2)(B)(i) (the annual gift tax
exclusion amount in section 2503(b),
formerly set forth in section
529A(b)(2)(B)). This additional
permissible contribution is subject to its
own limit as described in section
529A(b)(2)(B)(ii). Specifically, this
additional contributed amount may not
exceed the lesser of (i) the designated
beneficiary’s compensation as defined
by section 219(f)(1) for the taxable year,
or (ii) an amount equal to the poverty
line for a one-person household for the
calendar year preceding the calendar
year in which the taxable year begins.
The 2017 Act also amended the section
529A(b)(2) flush language to require the
designated beneficiary, or a person
acting on behalf of the designated
beneficiary, to maintain adequate
records to ensure, and to be responsible
for ensuring, that the requirements of
section 529A(b)(2)(B)(ii) are met.
New section 529A(b)(7)(A) identifies a
designated beneficiary eligible to make
this additional contribution as one who
is an employee (including a selfemployed individual) with respect to
whom there has been no contribution
made for the taxable year to: a defined
contribution plan meeting the
requirements of sections 401(a) or
403(a); an annuity contract described in
section 403(b); or an eligible deferred
contribution plan under section 457(b).
Section 529A(b)(7)(B) defines the term
‘‘poverty line’’ as having the meaning
provided in section 673 of the
Community Services Block Grant Act
(42 U.S.C. 9902).
The 2017 Act also amended section
529 to allow, before January 1, 2026, a
limited amount to be rolled over to an
ABLE account from the designated
beneficiary’s own section 529 qualified
tuition program (QTP) account or from
the QTP account of certain family
members. The 2017 Act added section
529(c)(3)(C)(i)(III), which provides that a
distribution from a QTP made after
December 22, 2017, and before January
1, 2026, is not subject to income tax if,
E:\FR\FM\10OCP1.SGM
10OCP1
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules
within 60 days of the distribution, it is
transferred to an ABLE account of the
designated beneficiary or a member of
the family of the designated beneficiary.
Under section 529(c)(3)(C)(i), the
amount of any rollover to an ABLE
account is limited to the amount that,
when added to all other contributions
made to the ABLE account for the
taxable year, does not exceed the
contribution limit for the ABLE account
under section 529A(b)(2)(B)(i), that is,
the annual gift tax exclusion amount
under section 2503(b). This limited
rollover is described in more detail in
Notice 2018–58, 2018–33 I.R.B. 305
(Aug. 13, 2018).
4. Notice 2018–62
To address the 2017 Act
modifications to section 529A, the
Treasury Department and the IRS
published Notice 2018–62, 2018–34
I.R.B. 316 (Aug. 20, 2018), which
announces the intent of the Treasury
Department and the IRS to issue
proposed regulations to implement
these changes, and describes the
anticipated rules to implement the
statutory changes. No comments were
received in response to the Notice.
These proposed regulations incorporate,
without substantive change, the
anticipated rules described in that
Notice.
Explanation of Provisions
1. Additional Contributions
The 2017 Act amended section
529A(b)(2)(B) to permit an employed or
self-employed designated beneficiary
described in section 529A(b)(7) to
contribute to his or her ABLE account
the lesser of the designated beneficiary’s
compensation for the taxable year or an
amount equal to the poverty line for a
one-person household for the calendar
year preceding the calendar year in
which the designated beneficiary’s
taxable year begins. These proposed
regulations confirm that the employed
designated beneficiary, or the person
acting on his or her behalf, is solely
responsible for ensuring that the
requirements in section 529A(b)(2)(B)(ii)
are met and for maintaining adequate
records for that purpose. In addition, to
minimize burdens for the designated
beneficiary and the qualified ABLE
program, these proposed regulations
provide that ABLE programs may allow
a designated beneficiary or the person
acting on his or her behalf to certify,
under penalties of perjury, that he or
she is a designated beneficiary
described in section 529A(b)(7) and that
his or her contributions of
VerDate Sep<11>2014
16:44 Oct 09, 2019
Jkt 250001
compensation do not exceed the limit
set forth in section 529A(b)(2)(B)(ii).
2. Poverty Line
Section 529A(b)(7)(B) provides that
the term poverty line referred to in
section 529A(b)(2)(B)(ii) has the same
meaning given to that term by section
673 of the Community Services Block
Grant Act (42 U.S.C. 9902). These
proposed regulations clarify that the
poverty line in section 529A(b)(7)(B) is
to be determined by using the poverty
guidelines updated periodically in the
Federal Register by the U.S. Department
of Health and Human Services under
the authority of 42 U.S.C. 9902(2).
Those guidelines vary based on locality.
Specifically, there are separate
guidelines for (1) the contiguous 48
states and the District of Columbia, (2)
Alaska, and (3) Hawaii. Because the
Treasury Department and the IRS have
concluded that the poverty guideline
that most closely reflects the employed
designated beneficiary’s cost of living is
the most relevant for determining the
contribution limit, these proposed
regulations provide that a designated
beneficiary’s contribution limit is to be
determined using the poverty guideline
applicable in the state of the designated
beneficiary’s residence.
3. Return of Excess Contributions
Because section 529A(b)(2) provides
that rules similar to those set forth in
section 408(d)(4) regarding the return of
excess contributions to an individual
retirement account or annuity apply to
ABLE accounts, these proposed
regulations provide that a qualified
ABLE program must return any
contributions of the designated
beneficiary’s compensation in excess of
the limit in section 529A(b)(2)(B)(ii) to
the designated beneficiary.
Consistent with section 529A(b)(2),
these proposed regulations provide that
it will be the sole responsibility of the
designated beneficiary (or the person
acting on the designated beneficiary’s
behalf) to identify and request the return
of any excess contribution of such
compensation income. Such returns of
excess compensation contributions must
be received by the employed designated
beneficiary on or before the due date
(including extensions) of the designated
beneficiary’s income tax return for the
year in which the excess compensation
contributions were made. A failure to
return excess contributions within this
time period will result in the imposition
on the designated beneficiary of a 6
percent excise tax under section
4973(a)(6) on the amount of excess
compensation contributions.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
54531
Additionally, in order to minimize
administrative burdens for the
designated beneficiary and the qualified
ABLE program, for purposes of ensuring
that the limit on contributions made
under section 529A(b)(2)(B)(ii) is not
exceeded, the qualified ABLE program
may rely on self-certifications, made
under penalties of perjury, of the
designated beneficiary or the person
acting on the designated beneficiary’s
behalf.
Proposed Effective/Applicability Date
These regulations are proposed to
apply to taxable years beginning after
the date of publication of the Treasury
decision adopting these rules as final
regulations in the Federal Register.
Until the issuance of final regulations,
taxpayers and qualified ABLE programs
may rely on these proposed regulations.
Special Analyses
This regulation is not subject to
review under section 6(b) of Executive
Order 12866 pursuant to the
Memorandum of Agreement (April 11,
2018) between the Department of the
Treasury and the Office of Management
and Budget regarding review of tax
regulations.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act (5 U.S.C. chapter 6), it is hereby
certified that the collection of
information in these regulations will not
have a significant economic impact on
a substantial number of small entities.
This certification is based on the fact
that these proposed regulations will not
impact a substantial number of small
entities. These regulations primarily
affect states and individuals and
therefore will not have a significant
economic impact on a substantial
number of small entities. Pursuant to
section 7805(f) of the Code, these
proposed regulations will be submitted
to the Chief Counsel for Advocacy of the
Small Business Administration for
comment on their impact on small
business.
Comments and Requests for Public
Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
comments that are timely submitted to
the IRS as prescribed in this preamble
under the ADDRESSES heading. The
Treasury Department and the IRS
request comments on all aspects of these
proposed rules. All comments will be
available at www.regulations.gov or
upon request. A public hearing will be
scheduled if requested in writing by any
E:\FR\FM\10OCP1.SGM
10OCP1
54532
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules
person that timely submits written or
electronic comments. If a public hearing
is scheduled, notice of the date, time,
and place for the hearing will be
published in the Federal Register.
Statement of Availability of IRS
Documents
Notices 2015–81, 2018–58 and 2018–
62 are published in the Internal
Revenue Bulletin and are available from
the Superintendent of Documents, U.S.
Government Publishing Office,
Washington, DC 20402, or by visiting
the IRS website at https://www.irs.gov.
Drafting Information
The principal author of these
regulations is Julia Parnell, Office of
Associate Chief Counsel (Employee
Benefits, Exempt Organizations, and
Employment Taxes). However, other
personnel from the IRS and the Treasury
Department participated in their
development.
List of Subjects in 26 CFR Part 1
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
proposed to be amended as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 is amended by adding an entry
for § 1.529A–8 in numerical order to
read in part as follows:
■
Authority: 26 U.S.C. 7805 * * *
*
*
*
*
Section 1.529A–8 also issued under 26
U.S.C. 529A(g).
*
*
*
*
*
Par. 2. Section 1.529A–0, as proposed
to be added at 80 FR 35602, June 22,
2015, is further amended by adding an
entry for § 1.529A–8 in numerical order
to read as follows:
■
§ 1.529A–0
*
*
Table of contents.
*
*
*
§ 1.529A–8 Additional contributions to
ABLE accounts made by an employed
designated beneficiary.
(a) Additional contributions to ABLE
accounts made by an employed
designated beneficiary.
(1) In general.
(2) Amount of additional
contribution.
(b) Additional definitions.
(1) Employed designated beneficiary.
(2) Applicable poverty line.
(3) Excess compensation contribution.
(c) Example.
VerDate Sep<11>2014
16:44 Oct 09, 2019
Jkt 250001
§ 1.529A–1 Exempt status of qualified
ABLE program and definitions.
*
*
*
*
*
(b) * * *
(3) Contribution means any payment
directly allocated to an ABLE account
for the benefit of the designated
beneficiary, including amounts
transferred from a qualified tuition
program under section 529 after
December 22, 2017 and before January
1, 2026.
*
*
*
*
*
■ Par. 4. Section 1.529A-8 is added to
read as follows:
§ 1.529A–8 Additional contributions to
ABLE accounts made by an employed
designated beneficiary.
Income taxes, Reporting and
recordkeeping requirements.
*
(d) Responsibility for ensuring
contribution limit is met.
(e) Return of excess compensation
contributions.
(f) Applicability date.
■ Par.3. Section 1.529A–1, as proposed
to be added at 80 FR 35602, June 22,
2015, is further amended by revising
paragraph (b)(3) to read as follows:
(a) Additional contributions by an
employed designated beneficiary—(1) In
general. An employed designated
beneficiary defined in paragraph (b)(1)
of this section may contribute amounts
up to the limit specified in paragraph
(a)(2) of this section in addition to the
annual amount described in section
529A(b)(2)(B)(i).
(2) Amount of additional permissible
contribution. Any additional
contribution made by the designated
beneficiary pursuant to this section is
limited to the lesser of—
(i) The designated beneficiary’s
compensation as defined by section
219(f)(1) for the taxable year; or
(ii) An amount equal to the applicable
poverty line, as defined in paragraph
(b)(2) of this section, for a one-person
household for the calendar year
preceding the calendar year in which
the designated beneficiary’s taxable year
begins.
(b) Additional definitions. In addition
to the definitions in § 1.529A–1(b), the
following definitions also apply for the
purposes of this section—
(1) Employed designated beneficiary
means a designated beneficiary who is
an employee (including an employee
within the meaning of section 401(c)),
with respect to whom no contribution is
made for the taxable year to—
(i) A defined contribution plan
(within the meaning of section 414(i))
with respect to which the requirements
of sections 401(a) or 403(a) are met;
(ii) An annuity contract described in
section 403(b); and
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
(iii) An eligible deferred
compensation plan described in section
457(b).
(2) Applicable poverty line means the
amount provided in the poverty
guidelines updated periodically in the
Federal Register by the U.S. Department
of Health and Human Services under
the authority of 42 U.S.C. 9902(2) for the
State of residence of the employed
designated beneficiary. If the designated
beneficiary lives in more than one state
during the taxable year, the applicable
poverty line is the poverty line for the
state in which the designated
beneficiary resided longer than in any
other state during that year.
(3) Excess compensation contribution
means the amount by which the amount
contributed during the taxable year of
an employed designated beneficiary to
the designated beneficiary’s ABLE
account exceeds the limit in effect
under section 529A(b)(2)(B)(ii) and
paragraph (a)(2) of this section for the
calendar year in which that taxable year
of the employed designated beneficiary
begins.
(c) Example. The following example
illustrates the principles of paragraphs
(a)(2) and (b)(2) of this section. In 2019,
A, the designated beneficiary of an
ABLE account, lives in Hawaii. A’s
compensation, as defined by section
219(f)(1), for 2019 is $20,000. The
poverty line for a one-person household
in Hawaii was $13,960 in 2018. Because
A’s compensation exceeded the
applicable poverty line amount, A’s
additional permissible contribution in
2019 is limited to $13,960, the amount
of the 2018 applicable poverty line.
(d) Responsibility for ensuring
contribution limit is met. (1) The
employed designated beneficiary, or the
person acting on his or her behalf, is
solely responsible for ensuring that the
requirements in section 529A(b)(2)(B)(ii)
and paragraph (a)(2) of this section are
met and for maintaining adequate
records for that purpose.
(2) A qualified ABLE program may
allow a designated beneficiary (or the
person acting on his or her behalf) to
certify, under penalties of perjury, and
in the manner specified by the qualified
ABLE program that—
(i) The designated beneficiary is an
employed designated beneficiary; and
(ii) The designated beneficiary’s
contributions of compensation are not
excess compensation contributions.
(e) Return of excess compensation
contributions. If an excess compensation
contribution is deposited into or
allocated to the ABLE account of a
designated beneficiary, the qualified
ABLE program must return that excess
contribution, including all net income
E:\FR\FM\10OCP1.SGM
10OCP1
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules
attributable to the excess contribution,
as determined under the rules set forth
in § 1.408–11 (treating references to an
IRA as references to an ABLE account,
and references to returned contributions
under section 408(d)(4) as references to
excess compensation contributions), to
the employed designated beneficiary.
The employed designated beneficiary,
or the person acting on the employed
designated beneficiary’s behalf, is
responsible for identifying any excess
compensation contribution and for
requesting the return of the excess
compensation contribution. The excess
compensation contribution, if requested,
must be received by the employed
designated beneficiary on or before the
due date (including extensions) of the
Federal income tax return of the
employed designated beneficiary for the
taxable year in which the excess
compensation contribution is made.
(f) Applicability date. The rules of this
section apply to taxable years beginning
after [DATE OF PUBLICATION OF
FINAL REGULATIONS IN THE Federal
Register].
Kirsten Wielobob,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2019–21477 Filed 10–9–19; 8:45 am]
BILLING CODE 4830–01–P
NATIONAL LABOR RELATIONS
BOARD
29 CFR Part 103
RIN 3142–AA16
Representation—Case Procedures:
Election Bars; Proof of Majority
Support in Construction Industry
Collective-Bargaining Relationships
AGENCY:
National Labor Relations
Board.
Notice of extension of time to
submit comments.
ACTION:
The National Labor Relations
Board (the Board) published a Notice of
Proposed Rulemaking in the Federal
Register of August 12, 2019, seeking
comments from the public regarding its
proposed amendments to Part 103 of its
Rules and Regulations, specifically
concerning the Board’s blocking charge
policy, the voluntary recognition bar,
and Section 9(a) recognition in the
construction industry. The date to
submit comments to the Notice is
extended for 60 days.
DATES: Comments to the Notice of
Proposed Rulemaking must be received
by the Board on or before December 10,
2019. Comments replying to the
SUMMARY:
VerDate Sep<11>2014
16:44 Oct 09, 2019
Jkt 250001
comments submitted during the initial
comment period must be received by
the Board on or before December 24,
2019.
ADDRESSES:
Internet—Federal eRulemaking Portal.
Electronic comments may be submitted
through https://www.regulations.gov.
Delivery—Comments should be sent
by mail or hand delivery to: Roxanne
Rothschild, Executive Secretary,
National Labor Relations Board, 1015
Half Street SE, Washington, DC 20570–
0001. Because of security precautions,
the Board continues to experience
delays in U.S. mail delivery. You should
take this into consideration when
preparing to meet the deadline for
submitting comments. The Board
encourages electronic filing. It is not
necessary to send comments if they
have been filed electronically with
regulations.gov. If you send comments,
the Board recommends that you confirm
receipt of your delivered comments by
contacting (202) 273–1940 (this is not a
toll-free number). Individuals with
hearing impairments may call 1–866–
315–6572 (TTY/TDD).
Only comments submitted through
https://www.regulations.gov, hand
delivered, or mailed will be accepted; ex
parte communications received by the
Board will be made part of the
rulemaking record and will be treated as
comments only insofar as appropriate.
Comments will be available for public
inspection at https://
www.regulations.gov and during normal
business hours (8:30 a.m. to 5 p.m. EST)
at the above address.
The Board will post, as soon as
practicable, all comments received on
https://www.regulations.gov without
making any changes to the comments,
including any personal information
provided. The website https://
www.regulations.gov is the Federal
eRulemaking portal, and all comments
posted there are available and accessible
to the public. The Board requests that
comments include full citations or
internet links to any authority relied
upon. The Board cautions commenters
not to include personal information
such as Social Security numbers,
personal addresses, telephone numbers,
and email addresses in their comments,
as such submitted information will
become viewable by the public via the
https://www.regulations.gov website. It is
the commenter’s responsibility to
safeguard his or her information.
Comments submitted through https://
www.regulations.gov will not include
the commenter’s email address unless
the commenter chooses to include that
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
54533
information as part of his or her
comment.
FOR FURTHER INFORMATION CONTACT:
Roxanne Rothschild, Executive
Secretary, National Labor Relations
Board, 1015 Half Street SE, Washington,
DC 20570–0001, (202) 273–1940 (this is
not a toll-free number), 1–866–315–6572
(TTY/TDD).
Dated: October 4, 2019.
Roxanne Rothschild,
Executive Secretary.
[FR Doc. 2019–22041 Filed 10–9–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2018–0021]
RIN 2127–AM02
Federal Motor Vehicle Safety Standard
No. 111, Rear Visibility
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Advance notice of proposed
rulemaking (ANPRM).
AGENCY:
NHTSA seeks public
comment on permitting camera-based
rear visibility systems, commonly
referred to as ‘‘Camera Monitor
Systems’’ or ‘‘CMS,’’ as an alternative to
inside and outside rearview mirrors.
Federal motor vehicle safety standard
(FMVSS) No. 111, ‘‘Rear Visibility,’’
currently requires that vehicles be
equipped with rearview mirrors to
provide drivers with a view of objects
that are to their side or to their side and
rear. This notice responds to two
rulemaking petitions from
manufacturers seeking permission to
install CMS, instead of outside rearview
mirrors, on both light vehicles and
heavy trucks. This ANPRM builds on
the agency’s prior efforts to obtain
supporting technical information, data,
and analysis on CMS so that the agency
can determine whether these systems
can provide the same level of safety as
the rearview mirrors currently required
under FMVSS No. 111.
DATES: Written information should be
submitted by December 9, 2019.
ADDRESSES: You may submit comments
identified by the docket number in the
heading of this document or by any of
the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
SUMMARY:
E:\FR\FM\10OCP1.SGM
10OCP1
Agencies
[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Proposed Rules]
[Pages 54529-54533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21477]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
RIN 1545-BP10
Contribution Limits Applicable to ABLE Accounts
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document contains proposed regulations related to the
Internal Revenue Code (Code), which allows a State (or its agency or
instrumentality) to establish and maintain a tax-advantaged savings
program under which contributions may be made to an ABLE account for
the purpose of paying for the qualified disability expenses of the
designated beneficiary of the account. The affected Code section was
amended by the Tax Cuts and Jobs Act, signed into law on December 22,
2017. The Tax Cuts and Jobs Act allows certain designated beneficiaries
to contribute a limited amount of compensation income to their own ABLE
accounts.
DATES: Comments must be received by January 8, 2020.
ADDRESSES: Submit electronic submissions via the Federal eRulemaking
Portal at www.regulations.gov (indicate IRS and REG-128246-18) by
following the online instructions for submitting comments. Once
submitted to the Federal eRulemaking Portal at www.regulations.gov
comments cannot be edited or withdrawn. The Department of the Treasury
(Treasury Department) and the IRS will publish for public availability
any comment received to its public docket, whether submitted
electronically or in hard copy. Send hard copy submissions to:
CC:PA:LPD:PR (REG-128246-18), Room 5203, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may
be hand-delivered Monday through Friday between the hours of 8 a.m. and
4 p.m. to CC:PA:LPD:PR (REG-128246-18), Courier's Desk, Internal
Revenue Service, 1111 Constitution Avenue NW, Washington, DC 20224.
[[Page 54530]]
FOR FURTHER INFORMATION CONTACT: Concerning these proposed regulations,
Julia Parnell, (202) 317-4086; concerning submissions of comments and
requests for a public hearing, Regina Johnson at email address
[email protected] and (202) 317-6901 (not toll-free
numbers).
SUPPLEMENTARY INFORMATION: This document contains proposed regulations
related to section 529A of the Internal Revenue Code (Code), which
allows a State (or its agency or instrumentality) to establish and
maintain a tax-advantaged savings program under which contributions may
be made to an ABLE account for the purpose of paying for the qualified
disability expenses of the designated beneficiary of the account.
Section 529A was amended by the Tax Cuts and Jobs Act, Public Law 115-
97, 131 Stat. 2054, (2017) (2017 Act), signed into law on December 22,
2017. The 2017 Act allows certain designated beneficiaries to
contribute a limited amount of compensation income to their own ABLE
accounts.
Background
1. The ABLE Act
The Stephen Beck, Jr., Achieving a Better Life Experience Act of
2014 (the ``ABLE Act'') was enacted on December 19, 2014, as part of
the Tax Increase Prevention Act of 2014, Public Law 113-295, 128 Stat.
4010, (2014). The ABLE Act added section 529A to the Code. Section 529A
allows a State (or its agency or instrumentality) to establish and
maintain a tax-advantaged savings program under which contributions may
be made to an ABLE account for the purpose of paying for the qualified
disability expenses of the designated beneficiary of the account.
Section 529A was amended by the 2017 Act.
Prior to its amendment by the 2017 Act, section 529A(b)(2) stated
that a program shall not be treated as a qualified ABLE program unless
it provides that no contribution will be accepted unless it is in cash,
or if the contribution (other than a rollover contribution described in
section 529A(c)(1)(C)) would result in aggregate contributions from all
contributors in excess of the amount of the section 2503(b) gift tax
exclusion for the calendar year in which the designated beneficiary's
taxable year begins. Under section 529A(b)(2), rules similar to the
rules of section 408(d)(4) apply to permit the return of excess
contributions (with any attributable net income) on or before the due
date (including extensions) of the designated beneficiary's income tax
return. In addition, under section 529A(b)(6), a qualified ABLE program
must provide adequate safeguards to ensure that total contributions do
not exceed the State's limit for aggregate contributions under its
qualified tuition program as described in section 529(b)(6). A
qualified tuition program under section 529 is a program established by
a State (or its agency or instrumentality) that permits a person to
prepay or contribute to a tax-favored savings account for a designated
beneficiary's qualified higher education expenses (QHEEs) or a program
established by an eligible educational institution that permits a
person to prepay a designated beneficiary's QHEEs.
2. Prior Rulemaking and Statutory Change
On June 22, 2015, the Treasury Department and the IRS published a
Notice of Proposed Rulemaking (REG-102837-15) in the Federal Register
(80 FR 35602) (the 2015 Proposed Regulations). More than 200 written
comments were received in response to the 2015 Proposed Regulations and
a public hearing was held on October 14, 2015.\1\ In addition to these
comments, several commenters asked the Treasury Department and the IRS
to issue interim guidance to address three particular issues so that
these programs could be established before the issuance of final
regulations. In order to prevent a delay in the creation of ABLE
programs, the Treasury Department and the IRS issued Notice 2015-81,
2015-49 I.R.B. 784 (Dec. 7, 2015), which describes how the Treasury
Department and the IRS intend to revise three particular provisions of
the proposed regulations under section 529A when those regulations are
finalized.
---------------------------------------------------------------------------
\1\ Comments related to the 2015 Proposed Regulations will be
considered prior to finalizing them, which the Treasury Department
and the IRS expect to occur in conjunction with the finalization of
these proposed regulations.
---------------------------------------------------------------------------
Since the issuance of the 2015 Proposed Regulations and the Notice,
two statutes have been enacted that amended one or more provisions of
section 529A. On December 18, 2015, section 303 of the Protecting
Americans from Tax Hikes Act of 2015 (the PATH Act), was enacted as
part of the Consolidated Appropriations Act, Public Law 114-113, 129
Stat. 2242, (2016). The PATH Act amended section 529A(b)(1), effective
for taxable years beginning after December 31, 2014, by removing the
requirement that a State's qualified ABLE program allow the
establishment of an ABLE account only for a designated beneficiary who
is a resident of that State or of a contracting State. Due to this
amendment, the Treasury Department and the IRS intend to remove
references to the residency requirement in the proposed regulations
under section 529A when those regulations are finalized. The other
statutory change was made in the 2017 Act as described in these
proposed regulations.
3. The 2017 Act
The 2017 Act amended section 529A(b)(2)(B) to allow an employed
designated beneficiary described in new section 529A(b)(7) to
contribute, prior to January 1, 2026, an additional amount in excess of
the limit in section 529A(b)(2)(B)(i) (the annual gift tax exclusion
amount in section 2503(b), formerly set forth in section
529A(b)(2)(B)). This additional permissible contribution is subject to
its own limit as described in section 529A(b)(2)(B)(ii). Specifically,
this additional contributed amount may not exceed the lesser of (i) the
designated beneficiary's compensation as defined by section 219(f)(1)
for the taxable year, or (ii) an amount equal to the poverty line for a
one-person household for the calendar year preceding the calendar year
in which the taxable year begins. The 2017 Act also amended the section
529A(b)(2) flush language to require the designated beneficiary, or a
person acting on behalf of the designated beneficiary, to maintain
adequate records to ensure, and to be responsible for ensuring, that
the requirements of section 529A(b)(2)(B)(ii) are met.
New section 529A(b)(7)(A) identifies a designated beneficiary
eligible to make this additional contribution as one who is an employee
(including a self-employed individual) with respect to whom there has
been no contribution made for the taxable year to: a defined
contribution plan meeting the requirements of sections 401(a) or
403(a); an annuity contract described in section 403(b); or an eligible
deferred contribution plan under section 457(b). Section 529A(b)(7)(B)
defines the term ``poverty line'' as having the meaning provided in
section 673 of the Community Services Block Grant Act (42 U.S.C. 9902).
The 2017 Act also amended section 529 to allow, before January 1,
2026, a limited amount to be rolled over to an ABLE account from the
designated beneficiary's own section 529 qualified tuition program
(QTP) account or from the QTP account of certain family members. The
2017 Act added section 529(c)(3)(C)(i)(III), which provides that a
distribution from a QTP made after December 22, 2017, and before
January 1, 2026, is not subject to income tax if,
[[Page 54531]]
within 60 days of the distribution, it is transferred to an ABLE
account of the designated beneficiary or a member of the family of the
designated beneficiary. Under section 529(c)(3)(C)(i), the amount of
any rollover to an ABLE account is limited to the amount that, when
added to all other contributions made to the ABLE account for the
taxable year, does not exceed the contribution limit for the ABLE
account under section 529A(b)(2)(B)(i), that is, the annual gift tax
exclusion amount under section 2503(b). This limited rollover is
described in more detail in Notice 2018-58, 2018-33 I.R.B. 305 (Aug.
13, 2018).
4. Notice 2018-62
To address the 2017 Act modifications to section 529A, the Treasury
Department and the IRS published Notice 2018-62, 2018-34 I.R.B. 316
(Aug. 20, 2018), which announces the intent of the Treasury Department
and the IRS to issue proposed regulations to implement these changes,
and describes the anticipated rules to implement the statutory changes.
No comments were received in response to the Notice. These proposed
regulations incorporate, without substantive change, the anticipated
rules described in that Notice.
Explanation of Provisions
1. Additional Contributions
The 2017 Act amended section 529A(b)(2)(B) to permit an employed or
self-employed designated beneficiary described in section 529A(b)(7) to
contribute to his or her ABLE account the lesser of the designated
beneficiary's compensation for the taxable year or an amount equal to
the poverty line for a one-person household for the calendar year
preceding the calendar year in which the designated beneficiary's
taxable year begins. These proposed regulations confirm that the
employed designated beneficiary, or the person acting on his or her
behalf, is solely responsible for ensuring that the requirements in
section 529A(b)(2)(B)(ii) are met and for maintaining adequate records
for that purpose. In addition, to minimize burdens for the designated
beneficiary and the qualified ABLE program, these proposed regulations
provide that ABLE programs may allow a designated beneficiary or the
person acting on his or her behalf to certify, under penalties of
perjury, that he or she is a designated beneficiary described in
section 529A(b)(7) and that his or her contributions of compensation do
not exceed the limit set forth in section 529A(b)(2)(B)(ii).
2. Poverty Line
Section 529A(b)(7)(B) provides that the term poverty line referred
to in section 529A(b)(2)(B)(ii) has the same meaning given to that term
by section 673 of the Community Services Block Grant Act (42 U.S.C.
9902). These proposed regulations clarify that the poverty line in
section 529A(b)(7)(B) is to be determined by using the poverty
guidelines updated periodically in the Federal Register by the U.S.
Department of Health and Human Services under the authority of 42
U.S.C. 9902(2). Those guidelines vary based on locality. Specifically,
there are separate guidelines for (1) the contiguous 48 states and the
District of Columbia, (2) Alaska, and (3) Hawaii. Because the Treasury
Department and the IRS have concluded that the poverty guideline that
most closely reflects the employed designated beneficiary's cost of
living is the most relevant for determining the contribution limit,
these proposed regulations provide that a designated beneficiary's
contribution limit is to be determined using the poverty guideline
applicable in the state of the designated beneficiary's residence.
3. Return of Excess Contributions
Because section 529A(b)(2) provides that rules similar to those set
forth in section 408(d)(4) regarding the return of excess contributions
to an individual retirement account or annuity apply to ABLE accounts,
these proposed regulations provide that a qualified ABLE program must
return any contributions of the designated beneficiary's compensation
in excess of the limit in section 529A(b)(2)(B)(ii) to the designated
beneficiary.
Consistent with section 529A(b)(2), these proposed regulations
provide that it will be the sole responsibility of the designated
beneficiary (or the person acting on the designated beneficiary's
behalf) to identify and request the return of any excess contribution
of such compensation income. Such returns of excess compensation
contributions must be received by the employed designated beneficiary
on or before the due date (including extensions) of the designated
beneficiary's income tax return for the year in which the excess
compensation contributions were made. A failure to return excess
contributions within this time period will result in the imposition on
the designated beneficiary of a 6 percent excise tax under section
4973(a)(6) on the amount of excess compensation contributions.
Additionally, in order to minimize administrative burdens for the
designated beneficiary and the qualified ABLE program, for purposes of
ensuring that the limit on contributions made under section
529A(b)(2)(B)(ii) is not exceeded, the qualified ABLE program may rely
on self-certifications, made under penalties of perjury, of the
designated beneficiary or the person acting on the designated
beneficiary's behalf.
Proposed Effective/Applicability Date
These regulations are proposed to apply to taxable years beginning
after the date of publication of the Treasury decision adopting these
rules as final regulations in the Federal Register. Until the issuance
of final regulations, taxpayers and qualified ABLE programs may rely on
these proposed regulations.
Special Analyses
This regulation is not subject to review under section 6(b) of
Executive Order 12866 pursuant to the Memorandum of Agreement (April
11, 2018) between the Department of the Treasury and the Office of
Management and Budget regarding review of tax regulations.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. chapter 6), it
is hereby certified that the collection of information in these
regulations will not have a significant economic impact on a
substantial number of small entities. This certification is based on
the fact that these proposed regulations will not impact a substantial
number of small entities. These regulations primarily affect states and
individuals and therefore will not have a significant economic impact
on a substantial number of small entities. Pursuant to section 7805(f)
of the Code, these proposed regulations will be submitted to the Chief
Counsel for Advocacy of the Small Business Administration for comment
on their impact on small business.
Comments and Requests for Public Hearing
Before these proposed regulations are adopted as final regulations,
consideration will be given to any comments that are timely submitted
to the IRS as prescribed in this preamble under the ADDRESSES heading.
The Treasury Department and the IRS request comments on all aspects of
these proposed rules. All comments will be available at
www.regulations.gov or upon request. A public hearing will be scheduled
if requested in writing by any
[[Page 54532]]
person that timely submits written or electronic comments. If a public
hearing is scheduled, notice of the date, time, and place for the
hearing will be published in the Federal Register.
Statement of Availability of IRS Documents
Notices 2015-81, 2018-58 and 2018-62 are published in the Internal
Revenue Bulletin and are available from the Superintendent of
Documents, U.S. Government Publishing Office, Washington, DC 20402, or
by visiting the IRS website at https://www.irs.gov.
Drafting Information
The principal author of these regulations is Julia Parnell, Office
of Associate Chief Counsel (Employee Benefits, Exempt Organizations,
and Employment Taxes). However, other personnel from the IRS and the
Treasury Department participated in their development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
Proposed Amendments to the Regulations
Accordingly, 26 CFR part 1 is proposed to be amended as follows:
PART 1--INCOME TAXES
0
Paragraph 1. The authority citation for part 1 is amended by adding an
entry for Sec. 1.529A-8 in numerical order to read in part as follows:
Authority: 26 U.S.C. 7805 * * *
* * * * *
Section 1.529A-8 also issued under 26 U.S.C. 529A(g).
* * * * *
0
Par. 2. Section 1.529A-0, as proposed to be added at 80 FR 35602, June
22, 2015, is further amended by adding an entry for Sec. 1.529A-8 in
numerical order to read as follows:
Sec. 1.529A-0 Table of contents.
* * * * *
Sec. 1.529A-8 Additional contributions to ABLE accounts made by an
employed designated beneficiary.
(a) Additional contributions to ABLE accounts made by an employed
designated beneficiary.
(1) In general.
(2) Amount of additional contribution.
(b) Additional definitions.
(1) Employed designated beneficiary.
(2) Applicable poverty line.
(3) Excess compensation contribution.
(c) Example.
(d) Responsibility for ensuring contribution limit is met.
(e) Return of excess compensation contributions.
(f) Applicability date.
0
Par.3. Section 1.529A-1, as proposed to be added at 80 FR 35602, June
22, 2015, is further amended by revising paragraph (b)(3) to read as
follows:
Sec. 1.529A-1 Exempt status of qualified ABLE program and
definitions.
* * * * *
(b) * * *
(3) Contribution means any payment directly allocated to an ABLE
account for the benefit of the designated beneficiary, including
amounts transferred from a qualified tuition program under section 529
after December 22, 2017 and before January 1, 2026.
* * * * *
0
Par. 4. Section 1.529A-8 is added to read as follows:
Sec. 1.529A-8 Additional contributions to ABLE accounts made by an
employed designated beneficiary.
(a) Additional contributions by an employed designated
beneficiary--(1) In general. An employed designated beneficiary defined
in paragraph (b)(1) of this section may contribute amounts up to the
limit specified in paragraph (a)(2) of this section in addition to the
annual amount described in section 529A(b)(2)(B)(i).
(2) Amount of additional permissible contribution. Any additional
contribution made by the designated beneficiary pursuant to this
section is limited to the lesser of--
(i) The designated beneficiary's compensation as defined by section
219(f)(1) for the taxable year; or
(ii) An amount equal to the applicable poverty line, as defined in
paragraph (b)(2) of this section, for a one-person household for the
calendar year preceding the calendar year in which the designated
beneficiary's taxable year begins.
(b) Additional definitions. In addition to the definitions in Sec.
1.529A-1(b), the following definitions also apply for the purposes of
this section--
(1) Employed designated beneficiary means a designated beneficiary
who is an employee (including an employee within the meaning of section
401(c)), with respect to whom no contribution is made for the taxable
year to--
(i) A defined contribution plan (within the meaning of section
414(i)) with respect to which the requirements of sections 401(a) or
403(a) are met;
(ii) An annuity contract described in section 403(b); and
(iii) An eligible deferred compensation plan described in section
457(b).
(2) Applicable poverty line means the amount provided in the
poverty guidelines updated periodically in the Federal Register by the
U.S. Department of Health and Human Services under the authority of 42
U.S.C. 9902(2) for the State of residence of the employed designated
beneficiary. If the designated beneficiary lives in more than one state
during the taxable year, the applicable poverty line is the poverty
line for the state in which the designated beneficiary resided longer
than in any other state during that year.
(3) Excess compensation contribution means the amount by which the
amount contributed during the taxable year of an employed designated
beneficiary to the designated beneficiary's ABLE account exceeds the
limit in effect under section 529A(b)(2)(B)(ii) and paragraph (a)(2) of
this section for the calendar year in which that taxable year of the
employed designated beneficiary begins.
(c) Example. The following example illustrates the principles of
paragraphs (a)(2) and (b)(2) of this section. In 2019, A, the
designated beneficiary of an ABLE account, lives in Hawaii. A's
compensation, as defined by section 219(f)(1), for 2019 is $20,000. The
poverty line for a one-person household in Hawaii was $13,960 in 2018.
Because A's compensation exceeded the applicable poverty line amount,
A's additional permissible contribution in 2019 is limited to $13,960,
the amount of the 2018 applicable poverty line.
(d) Responsibility for ensuring contribution limit is met. (1) The
employed designated beneficiary, or the person acting on his or her
behalf, is solely responsible for ensuring that the requirements in
section 529A(b)(2)(B)(ii) and paragraph (a)(2) of this section are met
and for maintaining adequate records for that purpose.
(2) A qualified ABLE program may allow a designated beneficiary (or
the person acting on his or her behalf) to certify, under penalties of
perjury, and in the manner specified by the qualified ABLE program
that--
(i) The designated beneficiary is an employed designated
beneficiary; and
(ii) The designated beneficiary's contributions of compensation are
not excess compensation contributions.
(e) Return of excess compensation contributions. If an excess
compensation contribution is deposited into or allocated to the ABLE
account of a designated beneficiary, the qualified ABLE program must
return that excess contribution, including all net income
[[Page 54533]]
attributable to the excess contribution, as determined under the rules
set forth in Sec. 1.408-11 (treating references to an IRA as
references to an ABLE account, and references to returned contributions
under section 408(d)(4) as references to excess compensation
contributions), to the employed designated beneficiary. The employed
designated beneficiary, or the person acting on the employed designated
beneficiary's behalf, is responsible for identifying any excess
compensation contribution and for requesting the return of the excess
compensation contribution. The excess compensation contribution, if
requested, must be received by the employed designated beneficiary on
or before the due date (including extensions) of the Federal income tax
return of the employed designated beneficiary for the taxable year in
which the excess compensation contribution is made.
(f) Applicability date. The rules of this section apply to taxable
years beginning after [DATE OF PUBLICATION OF FINAL REGULATIONS IN THE
Federal Register].
Kirsten Wielobob,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2019-21477 Filed 10-9-19; 8:45 am]
BILLING CODE 4830-01-P