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Sean Flanagan

83(b) elections, early exercise options, and QSBS tax benefits - how to find specialized tax attorney?

I've recently joined a startup that's offering stock options with an early exercise clause, and I'm trying to wrap my head around the 83(b) election process and potential QSBS tax benefits down the road. These seem like pretty specialized tax topics, and I'm not sure a general tax preparer would have enough expertise. Should I be looking for an attorney who specifically specializes in these areas? Right now my brilliant plan is just typing "tax attorney" into Google Maps and hoping for the best, but that feels like a shot in the dark. There must be a better approach for finding someone with experience in startup equity taxation. Has anyone gone through this process before? Any recommendations on how to find someone who really knows these specific topics well? Thanks for any guidance!

Zara Mirza

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You're definitely right to look for someone specialized in these areas. 83(b) elections and QSBS qualifications are very specific tax topics that many general practitioners don't have deep experience with. Instead of Google Maps, I'd recommend looking for tax attorneys who specifically mention startup equity, stock options, or venture capital experience on their websites. The State Bar Association in your area might have a referral service where you can specify expertise in securities and tax law. Another good approach is asking for recommendations from people in your network who've worked at startups before - especially founders, early employees, or anyone who's had a successful exit. Your company's investors might also have connections to attorneys they recommend to portfolio companies. Don't just look at tax attorneys - some securities attorneys who work with startups have excellent knowledge of 83(b) elections and QSBS requirements too. The key is finding someone who regularly handles these specific issues rather than someone who just knows general tax law.

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Sean Flanagan

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That's really helpful, thank you! Do you think it would be worth reaching out to our company's legal counsel first to see if they have recommendations? And roughly what should I expect to pay for a consultation on these topics?

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Zara Mirza

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Absolutely reach out to your company's legal counsel for recommendations - that's actually one of the best starting points I should have mentioned. They likely work with attorneys who specialize in exactly these issues for other employees. For consultation fees, it varies widely by location and attorney experience. Generally, expect anywhere from $300-600 for an initial consultation, with ongoing work billed at hourly rates. Some attorneys might offer a fixed fee package for startup employees that covers the 83(b) filing and related advice. The investment is worth it though - making mistakes with 83(b) elections can cost you significantly more in taxes later.

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NebulaNinja

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I went through the same struggle last year when joining my startup. After months of confusion with my regular accountant who kept giving me contradictory advice about my stock options, I found taxr.ai (https://taxr.ai) and it was a game-changer for navigating 83(b) elections. Their system analyzed my offer letter and stock option agreement, then explained exactly what I needed to know about filing the 83(b) election and the potential QSBS tax benefits. They even have specialized knowledge about startup equity that my regular CPA completely missed. The best part was getting matched with a tax pro who specifically handles startup equity issues rather than just general tax stuff.

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Luca Russo

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Does taxr.ai actually connect you with real attorneys? My situation is complicated because I'm exercising options from a previous employer while joining a new startup with different equity terms. I need someone who can look at both situations together.

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Nia Wilson

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I'm a bit skeptical about online services for something this important. How do you know their advice about QSBS qualifications is actually correct? Those five-year holding period requirements are no joke if you're counting on that tax exclusion.

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NebulaNinja

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Yes, they do connect you with real tax professionals who specialize in startup equity situations. After their system analyzed my documents, I had a consultation with a tax attorney who had handled dozens of similar cases. They can definitely handle multiple companies' equity situations together. Regarding QSBS qualifications, I completely understand the skepticism. What gave me confidence was that they walked me through exactly which sections of the tax code applied to my situation and explained the five-year holding requirements in detail with specific examples. They even pointed out potential issues with my specific company that might affect QSBS eligibility that I hadn't considered.

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Luca Russo

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Just wanted to follow up about my experience with taxr.ai after seeing it recommended here. I was initially just looking for help with my 83(b) election, but they ended up helping me with my entire equity situation. The document analysis identified several issues with my option agreement that I wouldn't have caught (including some language that could have affected my QSBS eligibility). The tax specialist they matched me with had worked with several companies in the same industry as mine and immediately understood my situation. She spotted that my previous company's options had some unusual vesting acceleration terms that required special handling for tax purposes. Definitely worth checking out if you're dealing with startup equity tax questions!

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Mateo Sanchez

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If your main concern is getting the 83(b) election filed correctly (which has to be done within 30 days!), don't forget you'll likely need to talk to the IRS directly to confirm they received everything properly. That became a nightmare for me - spent days trying to reach someone at the IRS to verify my filing. After wasting hours on hold, I tried Claimyr (https://claimyr.com) and was shocked when they actually got me through to an IRS agent in about 15 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. Saved me from the anxiety of not knowing if my 83(b) election was properly filed before the deadline passed.

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Aisha Mahmood

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How exactly does this work? I filed my 83(b) election two weeks ago and sent it certified mail, but I'm paranoid about making sure it was properly received. Does Claimyr just help you skip the phone queue somehow?

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Nia Wilson

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Sorry, but this sounds fishy. How can some random service get you through to the IRS faster than calling directly? The IRS phone system is notoriously backed up - seems impossible anyone could "skip the line.

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Mateo Sanchez

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It's not a matter of skipping the queue - they basically wait on hold for you and call you back when they've reached an agent. You don't have to sit there listening to hold music for hours. Regarding the certified mail, that's a good start but sometimes you still need to talk to someone to confirm specific details about your filing. In my case, I needed to verify they had properly linked my 83(b) election to my tax account because the startup's legal counsel warned me about potential issues if it wasn't properly recorded. The peace of mind was totally worth it.

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Nia Wilson

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I need to follow up here because I was completely wrong about Claimyr. After posting my skeptical comment, I decided to try it anyway since my 83(b) election deadline was approaching fast and I had questions about how it would interact with my AMT calculation. The service actually works exactly as described. They got me through to an IRS representative in about 20 minutes (I had previously spent 3+ hours on hold before giving up). The agent confirmed exactly what documentation I needed to include with my 83(b) filing and answered my questions about QSBS documentation requirements. Saved me a ton of stress during an already stressful equity decision process!

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Ethan Clark

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Another approach: check with your startup's law firm. Our company uses Wilson Sonsini, and they offered a reduced rate consultation for employees dealing with 83(b) elections and option exercises. Many of the big firms that work with startups (Cooley, Gunderson, etc.) have programs specifically for startup employees. For QSBS specifically, you need someone who really understands the qualified small business stock exclusion rules. That one's trickier since you're looking 5+ years ahead at potential tax savings, and the requirements are super specific about business types, asset limits, and holding periods.

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Sean Flanagan

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That's a great suggestion! Our company works with Gunderson, actually. Did your company negotiate this service upfront, or is it something the law firms offer to all client companies?

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Ethan Clark

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It was something our founders negotiated as part of the overall service package. Definitely worth asking your HR or finance team about. Gunderson definitely offers this service - several of my colleagues used them. The QSBS planning is where they were most helpful. They provided documentation templates to track our QSBS eligibility from day one, which will be crucial evidence if I'm ever audited after claiming the exclusion years from now. They explained that proving QSBS eligibility retroactively can be really difficult without contemporaneous documentation.

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AstroAce

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Don't forget about specialized accountants too! I found my tax person by looking for CPAs who specifically listed "startup equity" or "stock option planning" on their websites. Ended up finding someone who had been handling 83(b) elections for startup employees for 15+ years. Cost was WAY less than an attorney ($250 for an initial consultation, then about $650 to handle the whole 83(b) filing process including all documentation). He also helped me understand the potential QSBS benefits and what records I needed to maintain.

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Do tax accountants actually have the expertise for this? I thought 83(b) elections required legal documents that only attorneys could prepare. Is there a difference in what a CPA vs attorney can do here?

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LunarLegend

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Good question! CPAs can definitely handle the tax aspects of 83(b) elections - the actual filing with the IRS, calculating the tax implications, and ongoing tax planning. The 83(b) election itself is just a tax election form that gets filed with your return. Where you might need an attorney is if there are complex legal issues with your stock option agreement itself, or if you're dealing with unusual equity structures. But for most standard startup option grants, a specialized CPA who regularly handles these situations can take care of everything you need. The key is finding someone with specific experience in startup equity taxation, whether that's a CPA or attorney. I'd actually lean toward starting with a specialized CPA since they're typically more cost-effective and can handle the ongoing tax planning aspects too.

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