Trump Account Contributions and Form 709: Understanding the New IRS Safe Harbor

Trump accounts offer families a new way to save for children, but their withdrawal restrictions created an important federal gift-tax question: Does a contribution qualify for the annual gift-tax exclusion, or must the donor report it as a future-interest gift on Form 709?

Revenue Procedure 2026-25 provides a safe harbor for certain individual donors. If every requirement is satisfied, qualifying contributions are treated as completed gifts that are not future interests. The federal gift-tax annual exclusion may then apply, and the donor does not have to file Form 709 solely to report those contributions. IRS Revenue Procedure 2026-25

The relief is helpful, but it is narrower than simply keeping a contribution below the annual exclusion.

Why Trump account contributions raised a gift-tax issue

A Trump account is a type of traditional individual retirement account established under Internal Revenue Code Section 530A for an eligible child. During the account’s growth period, distributions generally cannot be made to the beneficiary except for limited statutory purposes. The beneficiary therefore usually cannot access the contributed funds immediately. IRS Revenue Procedure 2026-25, Section 2.01

The federal annual gift-tax exclusion ordinarily does not apply to gifts of future interests. Without administrative relief, the account’s withdrawal restrictions could cause individual contributions to be reportable on Form 709 even when the amount contributed was relatively small.

The IRS did not formally determine that all Trump account contributions are future-interest gifts. Instead, after receiving comments raising the issue, the Treasury Department and IRS established a safe harbor to reduce potentially unnecessary gift-tax filings. IRS Revenue Procedure 2026-25, Sections 3–5

Family financial planning

Requirements for the safe harbor

The safe harbor applies for a particular calendar year only when all the following requirements are met:

  • The donor is an individual.

  • The relevant Trump account contributions are made in cash, by check, money order, or electronic funds transfer.

  • Each contribution is made before the calendar year in which the beneficiary turns 18.

  • The donor’s total gifts to each beneficiary—including the Trump account contribution and other gifts—do not exceed the federal annual gift-tax exclusion.

  • The Trump account contributions do not generate gift or generation-skipping transfer tax after applying the donor’s remaining applicable credit or GST exemption.

  • Disregarding the Trump account contributions, the donor is not otherwise required to file—and does not file—Form 709 for that calendar year for GST tax, portability, or any other purpose.

  • The donor’s only taxable gifts for the year are qualifying cash contributions to one or more Trump accounts.

These conditions are set forth in Section 4.02 of Revenue Procedure 2026-25.

The federal annual gift-tax exclusion is $19,000 per donor, per recipient, for 2026. IRS 2026 inflation adjustments

The account contribution limit and gift-tax exclusion are different

During a beneficiary’s growth period, the annual contribution limit for a Trump account is generally $5,000, adjusted for inflation after 2027. The $1,000 federal pilot contribution, qualified general contributions from eligible governmental or nonprofit entities, and qualified rollover contributions are not counted against this limit. Other contributions, including employer contributions, generally are counted. IRS Revenue Procedure 2026-25, Section 2.01

The $5,000 account limit is separate from the $19,000 federal annual gift-tax exclusion. Nevertheless, an individual donor’s Trump account contribution must be included when calculating that donor’s total annual gifts to the beneficiary.

How the safe harbor works in 2026

Consider the following examples involving one donor and one beneficiary.

Example 1: Trump account contribution only

A grandparent contributes $5,000 to a grandchild’s Trump account and makes no other gifts to that child during 2026.

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If the remaining safe-harbor requirements are satisfied, the contribution is treated as a completed gift that is not a future interest. The $19,000 annual exclusion applies, and the grandparent is not required to file Form 709 solely for the contribution.

Example 2: Trump account contribution plus a cash gift

The grandparent contributes $5,000 to the Trump account and gives the same grandchild an additional $10,000 in cash.

The grandparent’s total gifts to the beneficiary are $15,000. Because the total does not exceed the 2026 annual exclusion, the safe harbor may apply if all other requirements are satisfied.

Example 3: Total gifts exceed the annual exclusion

The grandparent contributes $5,000 to the Trump account and gives the grandchild another $14,500. Total gifts to the beneficiary are $19,500.

The safe harbor does not apply because the donor’s total gifts to that beneficiary exceed the $19,000 annual exclusion. Under the example provided by the IRS, the donor must file Form 709 and report all Trump account contributions made during the year as future-interest gifts—including contributions made for other beneficiaries. IRS Revenue Procedure 2026-25, Section 6

This consequence makes coordinated gift tracking important when a donor contributes to accounts for several children or grandchildren.

Another Form 709 filing can prevent safe-harbor treatment

A donor may remain below the $19,000 annual exclusion and still be unable to use the safe harbor if Form 709 must be filed—or is otherwise filed—for another purpose.

Potential examples include:

  • Electing to split gifts with a spouse;

  • Reporting another future-interest gift;

  • Making certain GST elections or affirmative GST-exemption allocations;

  • Filing for portability or another transfer-tax purpose; or

  • Filing a gift-tax return as the result of an estate-tax examination.

The donor’s entire annual gifting and transfer-tax situation must therefore be reviewed rather than evaluating the Trump account contribution in isolation. IRS Revenue Procedure 2026-25, Section 4.02(5)

Recordkeeping remains important

Taxpayers relying on the safe harbor should maintain records sufficient to substantiate compliance. Appropriate records may include:

  • Trump account establishment information;

  • Proof of each contribution and its payment method;

  • The beneficiary’s identifying information and age;

  • A schedule of other gifts made to each beneficiary during the year; and

  • Documentation of other transfers or elections that could require Form 709.

The IRS expressly requires taxpayers to retain sufficient records demonstrating compliance with the safe-harbor rules. IRS Revenue Procedure 2026-25, Section 7

New York estate-tax considerations

New York does not currently impose a separate gift tax. However, when determining whether a New York resident’s estate exceeds the state filing threshold, certain taxable gifts made during the three-year period ending on the date of death must be added to the federal gross estate.

A gift properly covered by the federal annual exclusion generally is not a taxable gift under Internal Revenue Code Section 2503 and therefore generally is not included in this New York add-back. Nevertheless, New York residents should evaluate Trump account contributions as part of their complete estate plan rather than assuming that safe-harbor treatment eliminates every state estate-tax concern.

For individuals dying during 2026, the New York basic exclusion amount is $7.35 million. The filing calculation includes the federal gross estate plus applicable includible gifts. New York State Department of Taxation and Finance estate-tax guidance

Review the donor’s complete gifting activity

Revenue Procedure 2026-25 can eliminate an otherwise unnecessary gift-tax return, but qualification depends on the donor’s complete annual gifting and filing activity. A contribution that appears to qualify when made may lose safe-harbor protection if the donor later exceeds the annual exclusion or files Form 709 for another reason.

Nossier Accounting assists individuals, business owners, and families in Yonkers and throughout Westchester County with federal and New York tax planning and compliance. Professional review is particularly appropriate when several family members are contributing, other gifts are being made, or the donor may have a separate Form 709 filing requirement.

This article provides general educational information and does not replace advice based on the donor’s individual tax and estate-planning circumstances.

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Schedule a dedicated appointment to review your tax situation, confirm required documents, and move forward with preparing your return.
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