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Strategy 07

Equity Tax Timing, Section 83(b) Election

Timing-of-taxation election on restricted property and equity compensation under IRC §83(b).

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What it is

Under Internal Revenue Code §83, the recipient of property in connection with the performance of services normally recognizes ordinary income when the property vests. A §83(b) election lets the recipient instead recognize income at the time of grant, based on the fair market value at that point, less any amount paid. This starts the long-term capital gain holding period immediately and locks in the ordinary income amount at the (typically lower) grant value, but it must be filed with the IRS within 30 days of the grant.

Who it is for

Founders receiving restricted founders stock, early employees receiving restricted stock or vesting early-exercised options, and recipients of profits interests where the choice is meaningful at the grant date.

Next step

See whether this strategy fits your facts and circumstances.

The first call is fact finding only. We tell you whether this strategy belongs in your plan, and what would have to be true for it to apply.

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