IRS proposes rules on employer contributions to Trump Accounts

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President Donald Trump speaks in the Oval Office of the White House at a celebratory event to mark the launch of Trump accounts, a new investment vehicle for children.
Shawn Thew/Bloomberg

The Internal Revenue Service and the Treasury Department issued a set of proposed regulations Tuesday offering guidance to employers that opt to make contributions to Trump Accounts for employees or their dependents. The proposed regulations also clarify nondiscrimination requirements for employers offering Trump Account contribution programs and dependent care assistance programs. 

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"Today's guidance will help employers that want to make a tax-free contribution of up to $2,500 per year to the Trump Account of an employee or their dependents," said IRS CEO Frank Bisignano in a statement. "The proposed regulations will provide a framework for businesses establishing a Trump Account contribution program, a new benefit for American working families."

The proposed rules spell out the requirements for employers that wish to maintain a Trump Account contribution program. A Trump Account contribution program generally needs to be a separate written plan of an employer for the exclusive benefit of employees; provide for contributions to the Trump Accounts of employees or their dependents; and satisfy various requirements, including nondiscrimination requirements.

The proposed regulations also clarify how the nondiscrimination requirements apply to Trump Account contribution programs and dependent care assistance programs. Eligibility to participate in these programs and contributions and benefits under these programs generally must not discriminate in favor of highly compensated employees or their dependents.

To establish a Trump Account employer contribution program, the employer must:

  • Maintain a separate written plan document;
  • Follow certification procedures that permit employers to rely on employees' self-certification of the Trump Account beneficiary's age and dependent status, but require validation that the account into which the contribution will be made is a Trump Account;
  • Provide notices to employees;
  • Provide annual statements to employees; and
  • Provide reporting to the Trump Account trustee.

 "Trump Accounts are giving American families a new way to build wealth from day one," said Treasury Secretary Scott Bessent in a statement Tuesday. "Today, Treasury is publishing guidance that will help families grow Trump Accounts by allowing employers to contribute up to $2,500 tax-free each year for employees' dependents and giving employees the option to contribute pre-tax dollars directly to those accounts."

A public hearing on the proposed regulations is set to take place Oct. 15, 2026. Requests to speak and outlines of topics to be discussed at the hearing must be received by Oct. 13, 2026. The Treasury and the IRS are also asking for comments on all aspects of the proposed regulations by Sept. 25, 2026. Complete instructions on submitting comments and hearing requests are included in the proposed regulations.

The One Big Beautiful Bill Act, which Republicans have rebranded as the Working Families Tax Cuts, allows employees to make pre-tax contributions through an employer cafeteria plan to their dependents' Trump Accounts. It also allows certain employer contributions to Trump Accounts to be excluded from an employee's gross income. Employers can contribute to the Trump Account of an employee's dependents.

So far, over 50 companies have already committed to making Trump Account contributions for their employees, according to the Treasury Department. That means even children who are not eligible for the initial $1,000 contribution from the Treasury can still receive tax-free money into their Trump Accounts. 

"As the leading provider of payroll and HR solutions that pays one in six American workers, we have seen first-hand the critical impact financial wellness solutions can have on long-term wealth creation for workers and their families," said ADP president and CEO Maria Black in a statement. "As with all programs of this nature, we welcome the release of this important guidance and are at the ready to provide the necessary solutions and services to facilitate contributions under employer plans and support reporting requirements for the accounts on behalf of our clients and their employees."

Parents, guardians, and other authorized individuals can use IRS Individual Online Account to complete Form 4547, Trump Account Election(s) to open a Trump Account for a child with a Social Security number if the election is made before the calendar year in which the child turns age 18.

If the child is a U.S. citizen born in 2025 through 2028, the parent or other individual who qualifies to make the election can check a box on Form 4547 to elect a $1,000 pilot program contribution for the child's Trump Account. Visit trumpaccounts.gov for more information


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