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Kit document

HR FAQ (for legal review)

⚠️ Educational only

Have counsel verify against current IRS Notice 2025-68 and any newer guidance.

Is the limit per child or per employee?

Per employee (up to $2,500/year), not per dependent.

Does the employer amount count toward the $5,000 cap?

Yes. Family + employer + other sources share the child’s annual cap.

Can we contribute if the employee has no children?

No — §128 contributions are for employees with eligible children who have Trump Accounts.

Are contributions taxable wages to the employee?

Generally excluded under §128 when requirements are met — confirm with tax counsel / payroll.

Primary sources

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