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To make an 83(b) election, you must complete the following steps within 30 days of your grant date: Complete the IRS 83(b) form on page 2. Mail the completed form to the IRS within 30 days of your grant date. Address it to the IRS Service Center where you file your taxes.
Section 83(b) of the Internal Revenue Code (IRC) enables recipients of restricted securities (including stock options) to potentially lower their tax burden by paying taxes on the total FMV of the award at the time of issuance (early exercising).
83b Election Risks If you leave the company or give up your right to the shares before vesting, you pay tax on shares that are never owned. For example, if you elect 83b, pay the tax, and leave the company before the restricted stock vests, youll be out the money you paid in tax.
What is the 83(b) election? When making an 83(b) election, you request that the IRS recognize income and levy income taxes on the acquisition of company shares when granted, rather than later upon vesting. The grant date is when an employee receives a company stock or stock option award.
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