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Risk of Forfeiture. If the stock fails to vest (e.g., if the vesting is based on performance metrics the company or the employee doesnt meet) or the employee leaves the company, the 83(b) election tax paid is non-refundable.
The injured spouse on a jointly filed tax return files Form 8379 to get back their share of the joint refund when the joint overpayment is applied to a past-due obligation of the other spouse.
To qualify for preferential tax treatment, your 83(b) election form must be postmarked and mailed to the appropriate IRS office within 30 days of the date of your restricted stock grant or the date of your early exercise.
An 83(b) election allows someone to pay taxes on their stock awards at the time that they are granted, rather than at the time of vesting. This tax law is of particular benefit to startup employees, who may receive a large part of their compensation in the form of restricted stock or stock options.
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