Tax Planning

Understanding Trump Accounts & the Gift Tax Safe Harbor under Working Families Tax Cuts

Learn what 'Trump Accounts' are under the new law and when you can avoid filing a gift tax return thanks to the safe harbor in Revenue Procedure 2026-25.

By NomadicTax Research Team • 5-8 min read • August 3, 2026

## What are Trump Accounts? Under the **Working Families Tax Cuts (WFTC)** passed July 4, 2025 (Pub. L. 119-21), **Trump Accounts** are new savings accounts you can open for children under 18 with valid SSNs. They grow tax-benefited, similar in spirit to education or retirement accounts, though the specific rules differ.([irs.gov](https://www.irs.gov/newsroom/understanding-trump-accounts-working-families-tax-cuts-youtube-video-text-script?utm_source=openai)) Key features include: - Accounts established **before the calendar year the child turns 18** - A pilot program where children born between **2025 and 2028** and meeting citizenship requirements may receive a **$1,000 contribution** as seed money([irs.gov](https://www.irs.gov/newsroom/working-families-tax-cuts?utm_source=openai)) ## Safe Harbor for Gift Tax Reporting (Rev. Proc. 2026-25) Concerns arose about whether contributions to Trump Accounts would trigger gift tax reporting (Form 709), especially for generous donors. To address this, the IRS issued **Revenue Procedure 2026-25**, which lays out a safe harbor under which certain contributions **do not require** filing a gift tax return.([irs.gov](https://www.irs.gov/newsroom/treasury-irs-provide-safe-harbor-for-certain-contributions-to-trump-accounts-under-the-working-families-tax-cuts?utm_source=openai)) To qualify for the safe harbor in 2026, all these must apply: 1. Donor is an individual 2. Only gifts are cash contributions to Trump Accounts, **before** the account beneficiary turns 18 3. Total gifts to each beneficiary (including Trump Account) in the calendar year **do not exceed** the annual exclusion amount ($19,000 in 2026)([irs.gov](https://www.irs.gov/irb/2026-29_irb?utm_source=openai)) 4. Contributions must not generate gift or GST tax liability after using applicable credits or exemptions 5. The donor must **otherwise have no requirement** to file a gift tax return for other gifts in that year.([irs.gov](https://www.irs.gov/irb/2026-29_irb?utm_source=openai)) ## Examples - **Grandparent**, three grandchildren A, B, and C. Gives **$5,000 each** into their Trump Accounts during 2026. No other gifts. Safe harbor applies—no Form 709 filing required. - If same grandparent gives **$13,000 extra** to grandchild C (so total to C = $18,000 including Trump account money) while also making separate non-Trump gifts elsewhere, and those combined exceed $19,000, then the safe harbor fails—Form 709 must be filed.([irs.gov](https://www.irs.gov/irb/2026-29_irb?utm_source=openai)) ## Why this matters Without safe harbor: - Millions more gift tax returns (Form 709) could have been required. - Administrative burden on donors and on the IRS would rise sharply.([irs.gov](https://www.irs.gov/newsroom/working-families-tax-cuts?utm_source=openai)) With this safe harbor: - Many donors avoid filing Form 709 if they stay under the rules above. - Easier planning for families contributing to Trump Accounts. ## Planning tips - Monitor gifts to each child closely; exceeding $19,000 can trigger reporting obligations. - Keep excellent documentation: amounts, dates, that contributions are to Trump Accounts. - Be aware of citizenship and age rules for pilot program incentives. - Use gift tax exclusions and lifetime exclusion thoughtfully when combining Trump Account contributions with other gifts. **Pro tip:** If you're making gifts for multiple kids, divide contributions so none individually breach the annual exclusion. Use multiple small contributions rather than one large one to stay within safe harbor limits.