26 USC § 128 - Employer contributions to Trump accounts

---
identifier: "/us/usc/t26/s128"
source: "usc"
legal_status: "official_prima_facie"
title: "26 USC § 128 - Employer contributions to Trump accounts"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
section_number: "128"
section_name: "Employer contributions to Trump accounts"
chapter_number: 1
chapter_name: "NORMAL TAXES AND SURTAXES"
subchapter_number: "B"
subchapter_name: "Computation of Taxable Income"
part_number: "III"
part_name: "ITEMS SPECIFICALLY EXCLUDED FROM GROSS INCOME"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 119–21, title VII, § 70204(b)(1), July 4, 2025, 139 Stat. 186.)"
---


# § 128. Employer contributions to Trump accounts

**(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.)

## Editorial Notes

### Prior Provisions

A prior section 128, added and amended , §§ 301(a), 302(a), (d)(1), , , 270, 274; , §§ 103(a)(1), (5), (b), 109, , , 2375, 2391; , §§ 121(f)(2), (g), 122(c)(3), (d), , , 87; , , , related to interest on certain savings certificates, prior to repeal by , , . For savings provision, see , set out as a note under .

Another prior section 128 was renumbered .

## Statutory Notes and Related Subsidiaries

### Effective Date

> “The amendments made by this section [enacting this section and sections 139J, 530A, 6434, and 6659 of this title and amending sections 529A, 4973, 6213, and 6693 of this title] shall apply to taxable years beginning after
> 
> .”

, , , provided that: