How to Avoid Penalties When Using an ABLE Account for Spending
For many people with disabilities, an ABLE (Achieving a Better Life Experience) account can be a big financial anchor. It allows one to save beyond the $2,000 asset limit often imposed by programs like Supplemental Security Income (SSI) without losing benefits. However, while these accounts offer increased spending flexibility, to help keep one’s savings tax-free and benefits secure, they must navigate certain rules and requirements.
Here are some ways to manage ABLE account spending while avoiding any penalties or benefit interruptions.
1. What is an ABLE account?
An ABLE account is a tax-advantaged savings account for people with qualifying disabilities. It's designed to let individuals save and spend money on disability-related needs without putting their public benefits at risk. For a more detailed overview of how these accounts work, see our ABLE Accounts Explained guide.
At a high level, here's what you should know:
- An ABLE account is owned by the person with the disability
- Money invested grows tax-free and withdrawals for qualifying expenses are also tax-free
- Up to $100,000 in the account is exempt from SSI's $2,000 countable asset limit
- Anyone can contribute: family members, friends, or the account holder themselves
- Annual contribution limits vary by year, and some contribution limits differ by state (e.g., life balance caps vary by state plan, ABLE to Work contributions vary by state of residence)
2. Know what is included as a Qualified Disability Expense (QDE)
If ABLE funds are used for non-qualified expenses, the earnings portion attributable to those non-qualified distributions may be included in taxable income and generally subject to an additional 10% federal tax. Fortunately, the IRS definition of a QDE is intentionally broad. An ABLE account can be used for a wide range of disability-related expenses. Some common QDEs include:
- Basic Living Expenses: Groceries, clothing, and personal care.
- Housing: Rent, mortgage payments, property taxes, and utilities.
- Transportation: Car payments, gas, repairs, and public transit.
- Health and Wellness: Co-pays, mental health services, and therapy not covered by insurance.
- Education and Employment: Tuition, books, and job coaching.
Expenses don't need to be medically necessary, and purchases are eligible if they help a person with disabilities maintain or improve health, independence, or quality of life. You can keep up with upcoming changes here.
True Link partners with several ABLE programs to provide a True Link Visa® Prepaid Card for their participants to make purchases using funds from an ABLE account, and makes it easy to keep track of these expenses in one place.
3. The same-month housing rule
This is one of the most important rules for SSI recipients. While housing is considered a qualified expense, the Social Security Administration (SSA) applies a strict timeline. If an account holder or Authorized Legal Representative (ALR) withdraws money for rent or a mortgage, they must spend it in the same calendar month that they withdrew it.
Example: If an account holder withdraws $1,000 for rent on June 28th but doesn't pay the landlord until July 2nd, that $1,000 counts as a "resource" for the month of July. This could push them over the asset limit and could lead to a suspension of their SSI check.
To avoid this, make sure ABLE distributions for housing are paid toward housing expenses in the same calendar month they are withdrawn (e.g., both in the first week of the month) or pay the rent/housing bills directly from the ABLE account to avoid this potential issue altogether.
4. Be mindful of the the $100,000 threshold
While Medicaid generally ignores the balance of an ABLE account entirely, SSI has a "soft cap." Only the first $100,000 in an ABLE account is exempt from the resource limit. If the account balance exceeds $100,000, then the amount above $100,000 counts as a resource and could contribute to SSI payments being suspended.
Notably, an account holder’s Medicaid eligibility usually remains intact even if their SSI is suspended due to a high ABLE balance. However, if they rely on that monthly SSI check for basic needs, keeping that balance under six figures is crucial.
5. Understand the account maximum limits
Every state sets a maximum balance for ABLE accounts. Once an account reaches that limit, new contributions may be rejected or returned until the balance falls below the applicable state limit. Existing funds can generally remain invested, and the account can still be used for qualified disability expenses.
Account holders and Authorized Legal Representatives should also keep annual contribution limits in mind. Contributions above the applicable annual limit may need to be withdrawn or corrected, and excess contributions that are not corrected on time can create tax consequences. If the balance later drops below the state limit because funds are spent on qualified disability expenses or because of market changes, contributions can typically resume, subject to the applicable annual and program limits.
6. Keep a good paper trail of expenses
Federal tax rules generally do not require receipts to be submitted with each distribution or with the tax return, but account holders should keep records in case questions arise to prove the qualified nature of their transactions if needed.
- Categorize and track: Account holders or ALRs can manually track expenses and save receipts. They can also use software like True Link to help make it easy to digitally track expenses and save time by uploading and organizing receipts within the platform.
- Note the connection: For any purchases within a grey area, like a new laptop or a gym membership, mark down a quick note on the receipt explaining how it helps with one’s independence.
For more details on how to use an ABLE account for everyday purchase, read here.
7. Be sure to coordinate with other benefits
If an account holder has a Special Needs Trust (SNT), coordination is important, especially for housing and shelter expenses. Direct SNT payments for shelter costs, such as rent, mortgage payments, property taxes, or utilities, can reduce SSI benefits in some cases because of In-Kind Support and Maintenance rules.
One common planning strategy is for the SNT to contribute funds to an ABLE account, within applicable contribution limits, and then have the ABLE account pay eligible housing or shelter expenses in the same calendar month. This approach can help avoid certain SSI reductions, but the rules are fact-specific and depend on timing, contribution limits, and the account holder’s overall benefits situation. Families and trustees should consult a qualified benefits counselor, special needs planning attorney, or other benefits expert.
Ultimately, the greatest protection against penalties is proactive organization. By treating an ABLE account as a specialized tool for independence rather than a standard checking account, account holders can better ensure that every dollar works for their future without fearing a penalty. With these safeguards in place, those who qualify for an ABLE account can spend with greater confidence and have more peace of mind in their daily life.
How True Link Can Help You
True Link helps families and professionals manage and help protect the spending of people with complex needs — such as those living with disabilities, aging, or in recovery — while empowering them with more independence. Our True Link Visa® Prepaid Card and online platform helps make it easier to send money digitally, set spending limits, track purchases, organize receipts, and get real-time alerts.
Learn more at https://www.truelinkfinancial.com/prepaid-card
This post is informational and not legal or financial advice. Rules and contribution limits may vary by state. For guidance on how an ABLE account fits into your loved one's specific situation, consult a benefits counselor, special needs planning attorney, or other qualified professional.
