BENEFITS DIGEST

Primary sources. Practical insight. Every weekday.

A publication of The Inner Firm

Trump Accounts

58 item(s) · sort: newest first · title A–Z

Considering Trump Account Contributions in 2027? What Employers Should Know
Warner Norcross + Judd · via JD Supra 2026-09-04 · issue № 47

Proposed regulations issued in August spell out how employers can make tax-free contributions to employees' Trump Accounts, beginning with a separate written plan document. Warner Norcross walks through the ground rules. Contributions are capped at $2,500 per employee per year no matter how many children an employee has, the cap counts both direct employer dollars and cafeteria-plan elections, and amounts get reported on the W-2. Employers cannot steer workers to a preferred custodian, so contributions may flow to many institutions, and the Labor Department has said these plans generally sit outside ERISA because the benefits belong to the children rather than the employees. A public hearing is set for October 15, and employers may rely on the proposal immediately.

Is a Trump Account Contribution Program in the Cards for Your Company?
National Law Review 2026-09-03 · issue № 46

Bradley walks employers through the proposed Section 128 regulations with a decision focus, whether to sponsor a contribution program at all. One point worth the click, employers generally may rely on the proposed rules now, for plan years beginning before final regulations are issued, so drafting the written plan document can start today.

Employer Contributions to Trump Accounts: Partially Explained
Seyfarth Shaw · via JD Supra 2026-09-02 · issue № 45

Two sets of proposed regulations address how employer-sponsored Trump Account contribution programs will operate and how account assets may be invested before a beneficiary turns 18. Seyfarth walks through the requirements, including a separate written plan document, a $2,500 per-employee cap on tax-favored Section 128 contributions, cafeteria plan elections for employee pre-tax contributions to dependents' accounts, and nondiscrimination testing that tracks the dependent care FSA rules. Contributions default to an S&P 500 index ETF with ESG index funds off the table, and open questions remain, from tracking eligible dependents to coordinating contributions across a controlled group.

Been Wanting to Learn More About Trump Accounts?
Seyfarth Shaw · Beneficially Yours 2026-08-31 · issue № 43

Seyfarth reviews the IRS's latest proposed Trump Account guidance, which addresses employer contribution programs and the eligible-investment rules confining account assets to low-fee, broad-market index funds during a beneficiary's childhood.

IRS Proposes Rules for Trump Account Investment Options: Considerations for Employers
Mayer Brown 2026-08-28 · issue № 42

Proposed regulations under section 530A would confine Trump Account investments during the growth period to unleveraged index funds that track broad U.S. equity benchmarks and charge annual fees of 0.1% or less, excluding actively managed, sector, and ESG-labeled funds. Employers contributing to the accounts bear no fiduciary duty for investment selection but should confirm contributions flow to compliant accounts. Comments are due October 20.

Section 530A Account Update: ERISA Status of Trump Accounts
Verrill 2026-08-24 · issue № 40

In Technical Release 2026-02, the DOL concluded that Section 530A accounts and employer contribution programs generally are not ERISA-covered pension plans when employers keep a neutral, administrative role. To stay outside ERISA, employers should avoid endorsing particular providers, influencing investment decisions, imposing conditions on account use beyond what the tax code requires, or receiving compensation. Verrill's takeaway is that the guidance clears a major compliance concern for employers weighing 530A contributions, while ERISA risk still turns on program design, communication, and administration.

Trump Accounts Gain Market Momentum: Is Your Company Ready?
Vedder · via JD Supra 2026-08-26 · issue № 39

Trump Accounts are a new tax-favored, IRA-style savings vehicle that may be established for eligible children by an authorized individual, such as a parent, legal guardian, or grandparent, and may receive federal, family, and employer contributions.

Guidance on Eligible Investments for Trump Accounts (Proposed Rule)
Internal Revenue Service / Treasury DepartmentDeadline 2026-08-21 · issue № 36

Treasury and the IRS proposed rules defining what a Trump Account can hold before the beneficiary turns 18: generally an unleveraged mutual fund or ETF tracking a broad U.S. equity index such as the S&P 500, charging no more than 0.1 percent in annual fees, with the trustee selecting a default fund when no election is made. The August 11 rules told employers what they may contribute; this one tells trustees what the money may sit in. Comments are due October 20, 2026.

2026 Policy Developments in Benefits and Executive Compensation
Hall Benefits Law 2026-08-20 · issue № 36

Hall Benefits Law's half-year policy roundup names four developments: the DOL's proposed safe harbor for fiduciaries selecting 401(k) investments, EBSA's shift to fewer but more participant-focused enforcement interactions, SEC moves to streamline executive compensation disclosure by company size, and EBSA's technical release that ERISA Title I generally does not apply to Trump Accounts. A mixed but useful mid-year checkpoint for benefits and executive compensation practice.

Employer Contributions to Trump Accounts and Nondiscrimination Rules for Dependent Care Assistance Programs (Proposed Rule)
IRS / Treasury · 91 FR 51611Deadline 2026-08-11 · issue № 28

Treasury and the IRS proposed the framework for employer Trump account contribution programs: a separate written plan, eligibility classes tested under DCAP-style nondiscrimination rules including a 90% sliding-scale safe harbor, written employee notification, and W-2 reporting, with employees able to exclude up to $2,500 per year of employer contributions. The proposal also updates the section 129 DCAP nondiscrimination rules themselves, reflecting the OBBBA's increase of the dependent care exclusion to $7,500. Employers may rely on the proposed rules now; comments are due September 25 and a public hearing is set for October 15.

Not Child’s Play: How the “Kiddie Tax” Works
Slott Report 2026-07-27 · issue № 18

With contributions to Trump accounts having gone live on July 4, 2026, there has been lots of discussion recently about the “kiddie tax.” That’s because, once a child reaches January 1 of the year they turn age 18, they will be able to withdraw or do a Roth conversion of accumulated Trump account funds.

Trump Accounts Are Live: What Employers Need to Know Now
Ropes & Gray LLP · via JD SupraDeadline 2026-07-23 · issue № 18

Effective July 4, 2026, employers may contribute up to $2,500 annually on a tax-free basis to “Trump Accounts,” a new tax-advantaged savings account for employees’ dependent children under age 18, which was established under the Working Families Tax Cuts Act (Pub.

DOL Clarifies ERISA Treatment of Trump Accounts
Nelson Mullins Riley & Scarborough LLP · via JD Supra 2026-07-14 · issue № 8

The U.S. Department of Labor (the “DOL”) recently issued Technical Release 2026-02, providing guidance on whether certain Trump accounts established under Section 530A of the Internal Revenue Code and the One, Big, Beautiful Bill Act (“Trump Accounts”) and employer contribution programs to such accounts constitute employee benefit plans subject to ERISA.

Revenue Procedure 2026-25
IRS 2026-06-29 · issue № 1

Transfer-tax safe harbor for individual donors who contribute to Trump accounts under IRC §530A. If specified conditions are met, contributions are treated as completed gifts that are not future

← All topics