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Literally just went through this nightmare. Here's my advice: 1) FILE THE 83B IMMEDIATELY. Send it certified mail with return receipt. 2) Get the company's 409A valuation in writing 3) Send a copy to your company and keep proof you did so 4) Find out if your state requires a separate filing (mine did) My buddy didn't file his 83b at the same company because he "didn't want to deal with the extra taxes now" and it was catastrophic when we got acquired 3 years later. His tax bill was over $180k higher than mine on identical grants because all his unvested shares were taxed at the acquisition price. The 30-day deadline is COMPLETELY REAL and the IRS has almost no exceptions. Courts have rejected appeals from people who missed the deadline by even a single day.
Can confirm this is accurate. I missed the 83b deadline by 3 days because of mail delays (always check the postmark requirements!) and ended up with a massive tax bill when my company went public. Tried to appeal with the IRS and got shut down immediately. The "optional" part is technically true - you don't HAVE to file it - but not filing it is like saying "I'd prefer to potentially pay 10x more in taxes later.
Holy cow, reading through all these responses has been eye-opening! I'm a tax professional and see this exact scenario play out constantly. Your employer's casual attitude about the 83b election is unfortunately very common, but it's also incredibly damaging to employees. What many people don't realize is that the 83b election isn't just about saving money on taxes - it also starts the clock on long-term capital gains treatment. If you file the 83b and hold your shares for more than a year after the grant date, any future gains will be taxed at the more favorable long-term capital gains rates instead of ordinary income rates. Also want to emphasize what others have said about the state filing requirements. Several states (like California) require separate 83b elections filed with state tax authorities. Missing the federal deadline is bad enough, but missing both federal AND state can be even more costly. The fact that your HR doesn't understand 409A valuations is a major red flag. Every company granting equity should have current 409A valuations - it's required for tax compliance. I'd strongly recommend getting this sorted out ASAP and maybe having a conversation with leadership about proper equity administration going forward.
This is a classic case of an employer misunderstanding how payroll withholding works. Your boss is conflating the standard deduction (which reduces your taxable income when you file your return) with payroll withholding requirements, but these are completely separate things. Federal income tax should be withheld from every paycheck based on your W-4 form and the IRS withholding tables - there's no "threshold" where withholding doesn't start until you earn a certain amount. The fact that you're seeing zero federal income tax withheld on your pay stub confirms your employer is handling this incorrectly. You'll want to address this quickly because if proper withholding doesn't happen throughout the year, you could face underpayment penalties when you file your taxes, even if you ultimately don't owe much. I'd recommend showing your employer the IRS Publication 15 (Employer's Tax Guide) which clearly explains withholding requirements, or having them consult with a payroll professional to get this fixed properly.
This is exactly right. I've seen this confusion so many times with small business owners who take over payroll without really understanding the rules. The IRS Publication 15 suggestion is spot on - it's the official guide that clearly explains that withholding must happen on every paycheck regardless of annual earnings thresholds. One thing to add is that if your employer continues to resist fixing this after you show them the official guidance, you might want to document everything (pay stubs, conversations, etc.) because you may need to prove to the IRS later that this was an employer error, not your choice to under-withhold taxes.
Your employer is definitely wrong about this. There's no federal tax threshold where withholding doesn't start until you earn a certain amount during the year. Federal income tax withholding should begin with your very first paycheck based on your W-4 form and the IRS withholding tables. What your boss might be confusing is the standard deduction ($14,600 for single filers in 2025), but that only affects your final tax liability when you file your return - it doesn't change the requirement to withhold taxes from each paycheck throughout the year. Since you confirmed no federal income tax is being withheld, you should definitely address this with your employer immediately. You could end up owing a significant amount at tax time, potentially with underpayment penalties. I'd suggest filling out a new W-4 form and asking your employer to start proper withholding right away. If they resist, you might need to make quarterly estimated tax payments yourself using Form 1040-ES to avoid penalties. Document everything in case you need to show the IRS later that this was an employer error, not your choice to under-withhold.
This is really helpful advice! I'm dealing with a similar situation where my employer seems confused about withholding rules. The documentation tip is smart - I hadn't thought about keeping records in case I need to prove this was the employer's mistake later. Quick question though - when you mention making quarterly estimated payments with Form 1040-ES, how do you calculate how much to pay if your employer is withholding some taxes correctly (like Social Security and Medicare) but not federal income tax? Is there a way to figure out just the federal income tax portion you should be paying quarterly?
I went through this exact situation two years ago when I moved from Illinois to Texas in September. The good news is that you absolutely don't need a new driver's license to file your federal taxes - the IRS doesn't require it at all. However, you should definitely update your address with the IRS using Form 8822 if you haven't already. For state taxes, you'll likely need to file as a part-year resident in both your old state and new state. Some states do ask for driver's license numbers during e-filing for identity verification, but many will accept your current valid license even if it's from your previous state. The key thing is making sure you have documentation of when you moved (lease agreements, utility bills, etc.) to properly allocate your income between the two states. That said, you really should get your new state license soon - most states require it within 30-90 days of establishing residency, and it's completely separate from tax filing requirements. I learned this lesson when I got a warning from a state trooper about 4 months after my move!
This is really helpful, thank you! I had no idea about Form 8822 for updating my address with the IRS. Quick question - when you filed as a part-year resident in both states, did you run into any issues with double taxation? I'm worried about getting taxed on the same income by both states. Also, do you remember roughly how much extra it cost to file in two states vs just one?
Great question about double taxation! The good news is that most states have provisions to prevent this. When I filed as a part-year resident in both Illinois and Texas, I had to pay Illinois tax on income earned while I was still living there, but Texas doesn't have state income tax anyway so that made it easier. For states that do have income tax, you typically get a credit on one state's return for taxes paid to the other state on the same income. The key is properly allocating your income by the dates you lived in each state - so if you moved in September, you'd report January-September income to your old state and October-December to your new state. As for cost, it definitely adds up. Most tax software charges extra for each additional state return - usually around $40-50 per state. So instead of filing one state return, I had to pay for Illinois even though I only lived there part of the year. Totally worth it to avoid any compliance issues though!
You definitely don't need a new driver's license specifically for filing your federal taxes with the IRS - they don't require license information at all for federal returns. Your current valid license from your previous state is perfectly fine for any tax software that asks for ID verification (and you can often skip that step anyway). The more important issue is handling your state tax obligations correctly. Since you moved in October, you'll need to file part-year resident returns for both your old state and your new state. Your old state will want taxes on income earned January through October, and your new state will want taxes on income earned from October through December. For the state e-filing process, some states do require a driver's license number for identity verification, but most will accept your current valid license even if it's from your previous state. The key is having documentation of your move date (lease, utility bills, employment records) to properly split your income between the states. That said, you should definitely get your new state license soon since most states legally require you to update it within 30-90 days of establishing residency - that's separate from tax filing but something you'll want to handle to avoid potential fines!
FWIW I was in the same boat. E-filed on Feb 2. Got accepted same day. Transcript showed N/A until Mar 12. Was freaking out tbh. Called IRS twice (nightmare). Finally got thru. They confirmed my return was in the system. Just backlogged. Transcript updated suddenly one day. DD hit my acct 6 days later. Hang in there. System's overwhelmed rn.
I'm dealing with this exact same issue right now! Filed on March 5th, got accepted the same day, but my transcript still shows "N/A" for 2024. It's so frustrating because I really need that refund for some home repairs that can't wait much longer. Reading through everyone's experiences here is actually really reassuring though - sounds like this is just how the system is working (or not working) this year. I guess I'll stop checking my transcript obsessively and just wait it out. Thanks for posting this question, @Dmitry Volkov - at least now I know I'm not alone in this situation!
Monique Byrd
Just a heads up from someone who's been there - regardless of which route you choose, you should really get your EIN asap. I waited until the last minute when we needed to open a bank account for a fundraiser, and the EIN application process took longer than expected. Getting an EIN is free and relatively simple through the IRS website: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online
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Jackie Martinez
ā¢Which form did you use to apply? I'm helping a student group and I'm confused about whether to use SS-4 or something else, since we don't have employees.
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Laura Lopez
ā¢You'll use Form SS-4 even without employees - the EIN isn't just for payroll purposes. When you fill it out online, select "Other" as your entity type and specify that you're a nonprofit organization. You'll need to have your organizing documents ready (articles of incorporation or constitution/bylaws) since they'll ask about your organization's purpose and structure. The whole process usually takes about 15-20 minutes online and you get your EIN immediately.
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Ethan Clark
Another option worth considering is operating as an unincorporated association initially while you build up funds. You can still get an EIN and open a bank account without formal 501(c)(3) status. The downside is that donations won't be tax-deductible for donors, but for small school fundraisers like restaurant nights, this might not matter much. If you do go this route temporarily, make sure to keep detailed records of all income and expenses. Once you've raised enough to cover the filing fees (either $275 for 1023-EZ or $600 for full 1023), you can then apply for formal tax-exempt status. The IRS allows you to request retroactive recognition back to your formation date if you apply within 27 months of incorporating. This gives you time to see how much funding you actually receive and whether the investment in formal 501(c)(3) status makes sense for your organization's size and goals.
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NebulaNomad
ā¢This is really helpful advice! I'm curious about the retroactive recognition - does that mean if we apply within 27 months, we'd be considered tax-exempt from day one? And would that retroactively make any donations we received tax-deductible for the donors who gave them earlier?
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