Title 26, Internal Revenue CodeRelease 119-110

§128 Employer Contributions to Trump Accounts

Title 26 › Subtitle A — Income Taxes › CHAPTER 1 — NORMAL TAXES AND SURTAXES › Subchapter B — Computation of Taxable Income › PART III — ITEMS SPECIFICALLY EXCLUDED FROM GROSS INCOME › § 128

Last updated Sep 22, 2026|Official source

Summary

Employer payments to an employee’s Trump account, or to a dependent’s Trump account, do not count as the employee’s income if the payments come from a qualifying plan. The tax-free amount for each employee cannot be more than $2,500. For tax years that begin after 2027, the $2,500 limit will be increased for inflation using the cost-of-living rule in section 1(f)(3), but with “calendar year 2026” used instead of “calendar year 2016.” If that increase is not a multiple of $100, it is rounded down to the nearest $100. A “Trump account contribution program” means a separate written employer plan for employees (and their dependents) that meets rules like certain parts of section 129(d).

Full Legal Text

Title 26, §128

Internal Revenue Code, Source: USLM XML via OLRC

(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).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 128, added and amended Pub. L. 97–34, title III, §§ 301(a), 302(a), (d)(1), Aug. 13, 1981, 95 Stat. 267, 270, 274; Pub. L. 97–448, title I, §§ 103(a)(1), (5), (b), 109, Jan. 12, 1983, 96 Stat. 2374, 2375, 2391; Pub. L. 98–21, title I, §§ 121(f)(2), (g), 122(c)(3), (d), Apr. 20, 1983, 97 Stat. 84, 87; Pub. L. 98–369, div. A, title I, § 16(a), July 18, 1984, 98 Stat. 505, related to interest on certain savings certificates, prior to repeal by Pub. L. 101–508, title XI, § 11801(a)(10), Nov. 5, 1990, 104 Stat. 1388–520. For

Savings Provision

, see section 11821(b) of Pub. L. 101–508, set out as a note under section 45K of this title. Another prior section 128 was renumbered section 140 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 119–21, title VII, § 70204(e), July 4, 2025, 139 Stat. 188, provided that: “The

Amendments

made by this section [enacting this section and section 139J, 530A, 6434, and 6659 of this title and amending section 529A, 4973, 6213, and 6693 of this title] shall apply to taxable years beginning after December 31, 2025.”

Reference

Citations & Metadata

Citation

26 U.S.C. § 128

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110