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26 U.S.C. § 128Employer contributions to Trump accounts

submitted 1 year ago by Pub. L. 119-21 to r/title-26-INTERNAL-REVENUE-CODE · 230 words · no verdicts yet

in plain englishAI-generated · not legal advice

Employer contributions to an employee's or dependent's Trump account aren't taxed as income. The tax-free amount can't exceed $2,500 per employee. After 2027, that cap rises yearly for inflation, rounded down to the nearest $100. The employer must offer this through a separate written plan meeting rules like section 129(d).

(a) In General. An employee's gross (taxable) income does not include money the employer pays as a contribution to the employee's own Trump account, or to the Trump account of the employee's dependent — as long as the employer pays it under a program described in subsection (c). (b) Limitation. (1) The amount that can be excluded from income this way cannot be more than $2,500 per employee. (2)(A) For tax years beginning after 2027, that $2,500 cap increases each year. The increase equals the $2,500 figure multiplied by the same cost-of-living adjustment used in section 1(f)(3), except that adjustment is calculated using 2026 (instead of 2016) as the base year. (B) If a year's increase is not a multiple of $100, it is rounded down to the next lower multiple of $100. (c) Trump Account Contribution Program. This means a separate written plan an employer sets up solely for its employees' benefit, to make contributions to employees' Trump accounts, or to the Trump accounts of employees' dependents. The plan must meet requirements similar to those in section 129(d), paragraphs (2), (3), (6), (7), and (8).
the actual law source: uscode.house.gov ↗public domain
(a) In general

Gross income of an employee does not include amounts paid by the employer as a contribution to the Trump account of such employee or of any dependent of such employee if the amounts are paid or incurred pursuant to a program which is described in subsection (c).

(b) Limitation
(1) In general

The amount which may be excluded under subsection (a) with respect to any employee shall not exceed $2,500.

(2) Inflation adjustment
(A) In general

In the case of any taxable year beginning after 2027, the $2,500 amount in paragraph (1) shall be increased by an amount equal to—

(i)

such dollar amount, multiplied by

(ii)

the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting “calendar year 2026” for “calendar year 2016” in subparagraph (A)(ii) thereof.

(B) Rounding

If any increase determined under subparagraph (A) is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100.

(c) Trump account contribution program

For purposes of this section, a Trump account contribution program is a separate written plan of an employer for the exclusive benefit of his employees to provide contributions to the Trump accounts of such employees or dependents of such employees which meets requirements similar to the requirements of paragraphs (2), (3), (6), (7), and (8) of section 129(d).

Source credit: (Added Pub. L. 119–21, title VII, § 70204(b)(1), July 4, 2025, 139 Stat. 186.)

history & why it existsrecord from the source credit
  • 2025Enacted · Pub. L. 119-21 · 139 Stat. 186

A history note hasn’t been published yet. The record shows enactment by Pub. L. 119-21 on 2025-07-04.

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