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Tax Center: Section 83(b)


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Articles (Jump to FAQs)

Decisions At Grant With Restricted Stock (Part 2): The 83(b) Election Risks This is premium content

Tom Davison
UPDATED! Part 1 examined the basic facts of restricted stock and the decisions you need to make at grant. Part 2 explains the risks of the 83(b) election, which lets you choose to be taxed at grant rather than vesting.

Early-Exercise ISOs Complicated By Final IRS Regulations This is premium content

Michael Frank
The IRS has issued final regulations on ISOs. Understand how these final regulations increase the risks of early exercise.

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FAQs (Jump to articles)

UPDATED! How do I make a timely and complete Section 83(b) election?

Named for the Internal Revenue Code section that authorizes it, this election is made only (1) when you want to be taxed on the value of restricted stock at grant rather than vesting or (2) when you exercise options that are...

Can my company help me file my Section 83(b) election?

A survey in 2010 by the National Association of Stock Plan Professionals found that...

Can I make a Section 83(b) election for just part of my restricted stock grant? This is premium content

Yes, according to most experts. There is nothing in Section 83 of the Internal Revenue Code that states or implies that a grant of restricted stock is a single piece of property...

Can I make a Section 83(b) election for a grant of restricted stock units (RSUs)? This is premium content

Restricted stock and RSUs are governed by separate sections of the US tax code. Most experts say that you...

How can I file the paper version of my 83(b) election with my online tax return? This is premium content

While there is no universally agreed-upon way, some accountants interpret IRS rules as requiring...

Can I exercise my options before they are vested and make a timely Section 83(b) election to be taxed on the spread at that point? This is premium content

Generally, stock options are exercisable only when they vest. However, some pre-IPO companies grant options that...

UPDATED! My restricted stock never vested because I left my company, but I paid taxes on the stock at the time of grant. Can I recover the taxes that I paid with the 83(b) election or claim some other deduction? This is premium content

When you forfeit the stock, you are allowed a limited capital loss deduction for any amount you paid...

By the time my restricted stock vested the price had dropped from the market price at grant. But I elected to pay taxes on the stock value at the time of grant. Can I recover the taxes that I paid with the Section 83(b) election? This is premium content

No. You were optimistic that the stock price would rise. This is the risk...

Is a Section 83(b) election taxing you on the value of restricted stock at grant ever revocable? Can it be rescinded? This is premium content

The IRS has provided guidance on the limited circumstances in which this is permitted. The Section 83(b) election is irrevocable unless you...

Is a Section 83(b) election that taxes you on the value of the stock option spread at early exercise (vesting required for resale) ever revocable or rescinded? This is premium content

The Section 83(b) election is irrevocable unless you show a...

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