26 U.S.C. § 530A
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- (a)Except as provided in this section or under regulations or guidance established by the Secretary, a Trump account shall be treated for purposes of this title in the same manner as an individual retirement account under section 408(a).
- (b)For purposes of this section—
- (1)The term “Trump account” means an individual retirement account (as defined in section 408(a)) which is not designated as a Roth IRA and which meets the following requirements:
- (A)The account—
- (B)The account is designated (in such manner as the Secretary shall prescribe) at the time of the establishment of the account as a Trump account.
- (C)The written governing instrument creating the account meets the following requirements:
- (i)No contribution will be accepted—
- (I)before the date that is 12 months after the date of the enactment of this section, or
- (II)in the case of a contribution made in any calendar year before the calendar year in which the account beneficiary attains age 18, if such contribution would result in aggregate contributions (other than exempt contributions) for such calendar year in excess of the contribution limit specified in subsection (c)(2)(A).
- (ii)Except as provided in subsection (d), no distribution will be allowed before the first day of the calendar year in which the account beneficiary attains age 18.
- (iii)No part of the account funds will be invested in any asset other than an eligible investment during any period before the first day of the calendar year in which the account beneficiary attains age 18.
- (i)No contribution will be accepted—
- (2)The term “eligible individual” means any individual—
- (A)who has not attained the age of 18 before the close of the calendar year in which the election under subparagraph (C) is made,
- (B)for whom a social security number (within the meaning of section 24(h)(7)) has been issued before the date on which an election under subsection (C) is made, and
- (C)for whom—
- (i)an election is made under this subparagraph by the Secretary if the Secretary determines (based on information available to the Secretary from tax returns or otherwise) that such individual meets the requirements of subparagraphs (A) and (B) and no prior election has been made for such individual under clause (ii), or
- (ii)an election is made under this subparagraph by a person other than the Secretary (at such time and in such manner as the Secretary may prescribe) for the establishment of a Trump account if no prior election has been made for such individual under clause (i).
- (3)
- (A)The term “eligible investment” means any mutual fund or exchange traded fund which—
- (B)The term “qualified index” means—Such term shall not include any industry or sector-specific index, but may include an index based on market capitalization.
- (4)The term “account beneficiary” means the individual on whose behalf the Trump account was established.
- (1)The term “Trump account” means an individual retirement account (as defined in section 408(a)) which is not designated as a Roth IRA and which meets the following requirements:
- (c)
- (1)No deduction shall be allowed under section 219 for any contribution which is made before the first day of the calendar year in which the account beneficiary attains age 18.
- (2)In the case of any contribution made before the calendar year in which the account beneficiary attains age 18—
- (A)The aggregate amount of contributions (other than exempt contributions) for such calendar year shall not exceed $5,000.
- (B)For purposes of this paragraph, the term “exempt contribution” means—
- (C)
- (3)Section 219(f)(3) shall not apply to any contribution made to a Trump account for any taxable year ending before the calendar year in which the account beneficiary attains age 18.
- (d)
- (1)Except as otherwise provided in this subsection, no distribution shall be allowed before the first day of the calendar year in which the account beneficiary attains age 18.
- (2)For purposes of applying section 72 to any amount distributed from a Trump account, the investment in the contract shall not include—
- (3)Paragraph (1) shall not apply to any distribution which is a qualified rollover contribution and the amount of such distribution shall not be included in the gross income of the beneficiary.
- (4)
- (A)Paragraph (1) shall not apply to any distribution which is a qualified ABLE rollover contribution and the amount of such distribution shall not be included in the gross income of the beneficiary.
- (B)For purposes of this section, the term “qualified ABLE rollover contribution” means an amount which is paid during the calendar year in which the account beneficiary attains age 17 in a direct trustee-to-trustee transfer from a Trump account maintained for the benefit of the account beneficiary to an ABLE account (as defined in section 529A(e)(6)) for the benefit of the such account beneficiary, but only if the amount of such payment is equal to the entire balance of the Trump account from which the payment is made.
- (5)In the case of any contribution which is made before the calendar year in which the account beneficiary attains age 18 and which is in excess of the limitation in effect under subsection (c)(2)(A) for the calendar year—
- (A)paragraph (1) shall not apply to the distribution of such excess,
- (B)the amount of such distribution shall not be included in gross income of the account beneficiary, and
- (C)the tax imposed by this chapter on the distributee for the taxable year in which the distribution is made shall be increased by 100 percent of the amount of net income attributable to such excess (determined without regard to subparagraph (B)).
- (6)If, by reason of the death of the account beneficiary before the first day of the calendar year in which the account beneficiary attains age 18, any person acquires the account beneficiary’s interest in the Trump account—
- (e)For purposes of this section, the term “qualified rollover contribution” means an amount which is paid in a direct trustee-to-trustee transfer from a Trump account maintained for the benefit of the account beneficiary to a Trump account maintained for such beneficiary, but only if the amount of such payment is equal to the entire balance of the Trump account from which the payment is made.
- (f)For purposes of this section—
- (1)The term “qualified general contribution” means any contribution which—
- (2)The term “general funding contribution” means a contribution which—
- (3)
- (A)The term “qualified class” means any of the following:
- (i)All account beneficiaries who have not attained the age of 18 before the close of the calendar year in which the contribution is made.
- (ii)All account beneficiaries who have not attained the age of 18 before the close of the calendar year in which the contribution is made and who reside in one or more States or other qualified geographic areas specified by the terms of the general funding contribution.
- (iii)All account beneficiaries who have not attained the age of 18 before the close of the calendar year in which the contribution is made and who were born in one or more calendar years specified by the terms of the general funding contribution.
- (B)The term “qualified geographic area” means any geographic area in which not less than 5,000 account beneficiaries reside and which is designated by the Secretary as a qualified geographic area under this subparagraph.
- (A)The term “qualified class” means any of the following:
- (g)In the case of any Trump account created or organized by the Secretary, the Secretary shall take into account the following criteria in selecting the trustee:
- (h)
- (1)The rules of subsections (k) and (p) of section 408 shall not apply to a Trump account, and the rules of subsections (d) and (i) of section 408 shall not apply to a Trump account for any taxable year beginning before the calendar year in which the account beneficiary attains age 18.
- (2)In the case of a Trump account, section 408(h) shall be applied by substituting “a Trump account described in section 530A(b)(1)” for “an individual retirement account described in subsection (a)”.
- (3)In the case of any taxable year beginning before the first day of the calendar year in which the account beneficiary attains age 18, a contribution to a Trump account shall not be taken into account in applying any contribution limit to any individual retirement plan other than a Trump account.
- (4)Section 408(d)(2) shall be applied separately with respect to Trump Accounts 1 So in original. Probably should not be capitalized. and other individual retirement plans.
- (5)For purposes of applying section 4973(b) to a Trump account for any taxable year beginning before the first day of the calendar year in which the account beneficiary attains age 18, the term “excess contributions” means the sum of—For purposes of this paragraph, the excess contributions for a taxable year are reduced by the distributions to which subsection (d)(5) applies that are made during the taxable year or by the date prescribed by law (including extensions of time) for filing the account beneficiary’s return for the taxable year.
- (i)
- (1)The trustee of a Trump account shall make such reports regarding such account to the Secretary and to the beneficiary of the account at such time and in such manner as may be required by the Secretary. Such reports shall include information with respect to—
- (A)contributions (including the amount and source of any contribution in excess of $25 made from a person other than the Secretary, the account beneficiary, or the parent or legal guardian of the account beneficiary),
- (B)distributions (including distributions which are qualified rollover contributions),
- (C)the fair market value of the account,
- (D)the investment in the contract with respect to such account, and
- (E)such other matters as the Secretary may require.
- (2)Not later than 30 days after the date of any qualified rollover contribution, the trustee of the Trump account to which the contribution was made shall make a report to the Secretary. Such report shall include—
- (3)This subsection shall not apply to any period after the calendar year in which the beneficiary attains age 17.
- (1)The trustee of a Trump account shall make such reports regarding such account to the Secretary and to the beneficiary of the account at such time and in such manner as may be required by the Secretary. Such reports shall include information with respect to—