The Department of the Treasury and the Internal Revenue Service issued proposed regulations providing guidance to employers that choose to make contributions to section 530A (“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.

The proposed regulations outline requirements for employers that wish to maintain a Trump account contribution program. A Trump account contribution program generally must:

• 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;
• 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. In general, eligibility to participate in these programs and contributions and benefits under these programs must not discriminate in favor of highly compensated employees or their dependents.

Prospects: Comments from interested parties on employer contributions to Trump accounts must be received by September 25, 2026.

NAIFA Staff Contact: Jayne Fitzgerald – Director – Government Relations, at jfitzgerald@naifa.org