Section 83(b) Election Form

Bahman Eslamboly

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The Section 83(b) election allows an employee to change the treatment of a restricted stock grant. With this election (which will be filed with the IRS), the employee is electing to pay tax on any discount from fair market value for shares of restricted stock at the time of acquisition rather than when the shares vests. Generally at the beginning of a new corporate endeavor, the shares of the new company will be valued close to zero and founders will often elect to purchase these shares at fair market value.

It is essential that this election be filed with the IRS within 30 days of purchase or acquisition. It is a strict deadline with little to no recourse if it is missed.

This election informs the recipient that he/she should consult with their tax advisor as to the consequences of this election. It also sets forth how, and when, the election form should be sent to the IRS and that failure to do so may subject the stock owner to adverse tax consequences.

This 83(b) Election Form contains:
  • Party: Sets forth the name, address and tax ID of the property owner;
  • Description: Specifies the number of company shares;
  • Fair Market Value: Sets out the fair market value of the shares at the time of transfer;
  • Certificate: Stock certificate which evidences the ownership of the stock shares;
  • Signatures: This agreement must be signed by the shareholder taking the election.

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This attorney-prepared packet contains:
  1. General Information
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  3. 83(b) Election Form
State Law Compliance: This form complies with the laws of all states

Section 83(b) Election Form

Product Details

Product Section 83(b) Election Form
Country United States
Pages 6
Dimensions Designed for Letter Size (8.5" x 11")
Printer compatibility Designed to print on all ink-jet and laser printers
Editable Yes (.doc, .wpd and .rtf)
Format Microsoft Word
Adobe PDF
WordPerfect
Rich Text Format
Platform Windows Compatible
Mac Compatible
Linux Compatible
Availability In Stock. Instant Download
Usage Unlimited number of prints
Category Securities Filings and Investor Information
Product number #43679
Download time Less than 1 minute (approx.)
Document Access Via secret online address
Email with download links
Email with attachment upon request
Refund Policy 60 days, no-questions asked, 100% money back guarantee

Frequently Asked Questions

The Section 83(b) Election Form allows employees to elect to pay taxes on the fair market value of restricted stock at the time of acquisition rather than when the stock vests. This can lead to tax savings if the stock appreciates in value.

You must file the Section 83(b) Election Form with the IRS within 30 days of acquiring the restricted stock. Missing this deadline can result in adverse tax consequences.

If you fail to file the 83(b) election within the 30-day window, you will not be able to elect the immediate taxation option, and you will be taxed on the stock when it vests, which could lead to a higher tax liability.

No, once the Section 83(b) Election Form is filed, it cannot be revoked. It is essential to consult with a tax advisor before making this election.

It is highly recommended to consult with a tax advisor or financial planner who can provide guidance on the implications of filing the Section 83(b) Election Form based on your individual financial situation.

Is This Form Right For You?

Use This Form If:

  • Individuals who receive restricted stock grants as part of their compensation package may choose to file the Section 83(b) Election Form to pay taxes on the shares at the time of acquisition. This can be beneficial if the shares are valued low at the outset, allowing them to lock in a lower tax rate.
  • Start-up founders often utilize the Section 83(b) Election Form when they acquire shares in their new company. By filing this election, they can minimize their tax burden if the company grows significantly in value before the shares vest.
  • Employees who anticipate a significant increase in the value of their restricted stock may file the Section 83(b) Election Form to avoid higher taxes later. This proactive approach can lead to substantial tax savings if the stock appreciates rapidly.
  • Situations requiring immediate tax planning may prompt an employee to consider the Section 83(b) Election Form. Consulting with a tax advisor about the timing and implications of this election can help in making informed financial decisions.
  • For those who have received restricted stock as part of a merger or acquisition, filing the Section 83(b) Election Form can be crucial. It allows them to elect immediate taxation on the stock, potentially reducing future tax liabilities.

Do Not Use If:

  • – The Section 83(b) Election Form is not appropriate for employees who do not receive restricted stock grants. If your compensation does not include stock options or shares, this form is irrelevant.
  • – If the shares are already fully vested, filing the 83(b) election is unnecessary. The election is specifically designed for restricted stock that has not yet vested.
  • – Individuals who are uncertain about the future value of their stock should avoid filing this election. If the stock is expected to decrease in value, paying taxes upfront may not be beneficial.
  • – For employees who have already missed the 30-day filing deadline, the Section 83(b) Election Form cannot be used. In such cases, it is advisable to explore other tax planning strategies.
  • – If you are not a U.S. taxpayer or your stock is not subject to U.S. tax laws, the Section 83(b) Election Form may not be applicable to your situation.

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