Section 83(b) Election Form

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This Section 83(b) Election Form allows an employee to change his or her treatment of restricted stock grant. This form must be filed with the Internal Revenue Service.

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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
  2. Instructions and Checklist
  3. 83(b) Election Form
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
Number of Pages6
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43679
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.

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