Nonrefundable tax credit for contribution to state Achieving a Better Life Experience Program account.

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  • (1) As used in this section:
    • (a) "Account" means an account in a qualified ABLE program where the designated beneficiary of the account is a resident of this state.
    • (b) "Contributor" means a claimant, estate, or trust that:
      • (i) makes a contribution to an account; and
      • (ii) receives a statement from the qualified ABLE program itemizing the contribution.
    • (c) "Designated beneficiary" means the same as that term is defined in 26 U.S.C. Sec. 529A.
    • (d) "Qualified ABLE program" means the same as that term is defined in Section 35A-12-102.
  • (2) A contributor to an account may claim a nonrefundable tax credit as provided in this section.
  • (3) Subject to the other provisions of this section, the tax credit is equal to the product of:
    • (a) the percentage listed in Subsection 59-10-104(2); and
    • (b) the total amount of contributions:
      • (i) the contributor makes for the taxable year; and
      • (ii) for which the contributor receives a statement from the qualified ABLE program itemizing the contributions.
  • (4) A contributor may not claim a tax credit under this section:
    • (a) for an amount of excess contribution to an account that is returned to the contributor; or
    • (b) with respect to an amount the contributor deducts on a federal income tax return.
  • (5) A tax credit under this section may not be carried forward or carried back.




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