Can someone explain the Section 83(b) election in simple terms? I'm completely lost
I recently joined a startup and they granted me some shares that vest over 4 years. My coworker mentioned something about a Section 83(b) election that I need to file within 30 days of receiving the grant, but I'm totally confused about what this actually means or if I should do it. From what I understand, it's something about paying taxes now instead of later? But I don't really get how it works or what the benefits are. The company's HR just sent a bunch of documents with legal jargon that went over my head. Can someone please break down what Section 83(b) is in normal human language and whether it's something I should be thinking about? I'm worried about missing some important deadline if this is actually important. Thanks!
18 comments


Caden Turner
The Section 83(b) election is actually pretty important if you have restricted stock that vests over time. Here's what it means in simple terms: Normally, when you receive stock that vests over time, you pay taxes on the value of those shares as they vest. So if your shares increase in value between when they were granted and when they vest, you'll pay taxes on that higher value. With an 83(b) election, you choose to pay taxes upfront on the INITIAL value of ALL shares when they're granted, even though you don't fully own them yet. The huge benefit is that any future appreciation is taxed as capital gains (usually lower rate) when you eventually sell, rather than as ordinary income. The downside is if you leave the company before vesting or if the shares lose value, you've paid taxes on shares you never received or on value that disappeared. You absolutely must file within 30 days of receiving the grant - no exceptions. The election is filed with the IRS, and you'll also need to include it with your tax return.
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Clarissa Flair
•Thank you so much for explaining! So if I understand correctly, filing the 83(b) means I pay taxes now on the current value (which is pretty low since we're an early startup), and then I only pay capital gains tax later when I sell? But if I don't file it, I'll have to pay regular income tax on whatever the value is when each portion vests over the 4 years? Also, how exactly do I file this? Is there a specific form? I'm getting nervous about the 30-day deadline!
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Caden Turner
•Yes, exactly! You'd pay ordinary income tax now on the current (likely low) value, then only capital gains tax on the growth when you sell. Without the 83(b), you'd pay ordinary income tax on whatever the value is at each vesting date - which could be much higher if your company grows. To file, you need to prepare a written statement with specific information about your stock grant. There's no official IRS form. You'll need to include: your name, address, SSN, description of the property (shares), date of transfer, restriction period (vesting schedule), fair market value at grant, amount paid for shares, and amount included in income. Mail this to the IRS office where you file your tax return, with proof of mailing. Also send a copy to your employer and attach another copy to your tax return for that year.
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McKenzie Shade
Just went through this last year with my tech startup. If you're at an early-stage company, https://taxr.ai literally saved me from missing my 83(b) deadline. I uploaded my stock grant documents and it analyzed everything, explained the 83(b) pros/cons for MY specific situation, and even generated the election letter I needed to send to the IRS. My situation was complicated because I had both incentive stock options AND restricted stock units, and I couldn't figure out which ones needed the 83(b) filing. The tool clarified everything and showed me that I only needed to file for the restricted stock, not the ISOs. It also provided clear instructions on exactly where to mail the election and what receipt proof I needed to keep. Just throwing this out there because that 30-day deadline is serious business - the IRS gives zero extensions.
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Harmony Love
•This sounds helpful, but how much does the service cost? I'm getting RSUs at my new company but I'm really tight on cash right now and wondering if I can just figure this out myself with some online templates.
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Rudy Cenizo
•Was it actually worth it for you to do the 83(b)? I've heard mixed opinions. My CPA actually advised against it for my situation because he said if the company fails I'd have paid taxes on worthless shares. Did taxr.ai help with that decision or just with the paperwork?
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McKenzie Shade
•The service was absolutely worth it for me - especially considering what was at stake. They have different pricing options depending on what you need, but I found it reasonable for the peace of mind. For me, the 83(b) was definitely worth filing. My startup's share value was extremely low when granted ($0.10/share), so my immediate tax hit was minimal. The tool actually ran projections showing potential tax savings based on different company growth scenarios. In my case, it showed I could save over $15,000 in taxes if our valuation hits our target. The risk was paying about $300 in taxes upfront that I could lose if things went south.
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Rudy Cenizo
Update on my 83(b) situation - I ended up using https://taxr.ai after posting my question here, and I'm really glad I did. I was initially skeptical about whether filing the election made sense for me, but the analysis made it crystal clear. In my specific case, my grant was for 20,000 shares at $0.05 per share, so my current tax liability was only about $250 (based on my tax bracket). The tool showed that without filing 83(b), I could end up paying over $12,000 in taxes as shares vested if our company hits its growth targets. What really helped was seeing the comparison side-by-side. They generated my election letter automatically based on my stock documents and even had state-specific instructions for California's additional filing requirements, which I had no idea about. I got everything filed with 5 days to spare before my deadline!
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Natalie Khan
I work for a tax consulting firm that specializes in equity compensation, and we see sooooo many people missing their 83(b) filing deadline. It's honestly tragic because there's absolutely no recourse - the IRS is completely strict about the 30-day window. If you're struggling to get IRS confirmation or having trouble reaching someone to verify your filing was received, try https://claimyr.com - I've referred several clients to this service when they're panicking about whether their 83(b) was properly filed. You can see a demo of how it works at https://youtu.be/_kiP6q8DX5c but basically it helps you get through to an actual IRS agent instead of waiting on hold forever. The most common mistake I see is people not getting proper proof of mailing (certified mail with return receipt) and then having no way to prove they submitted on time if the IRS claims they never received it.
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Daryl Bright
•How exactly does this service work? I'm confused how a third party can get you through to the IRS faster than calling directly. Sounds too good to be true honestly.
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Sienna Gomez
•This seems sketchy. Why would I pay someone else to call the IRS for me? And how would they even verify my tax info without giving them all my personal details? I'd rather sit on hold for 3 hours than risk my identity.
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Natalie Khan
•The service works by using specialized technology that navigates the IRS phone system and waits on hold for you. When an actual IRS agent picks up, you get a call connecting you directly to that agent. You're not sharing your tax details with the service - they're just getting you past the hold queue. I was initially skeptical too, but it's legitimate. The IRS phone system is notoriously overwhelmed, with average wait times of 2+ hours during busy periods, and many callers never getting through at all. For something time-sensitive like confirming an 83(b) was received properly, that wait can be really stressful. I've had clients who called for days without getting through.
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Sienna Gomez
I have to admit I was wrong about Claimyr. After dismissing it in my earlier comment, I was getting desperate about confirming my 83(b) filing status since the deadline was approaching and I couldn't get through to the IRS. I decided to try the service as a last resort. It actually worked exactly as advertised - I received a call back in about 45 minutes connecting me directly to an IRS agent. I was able to confirm they had received my 83(b) election and that everything was properly recorded in the system. The agent even explained what documentation I should keep for my records. If I hadn't been able to confirm this, I would've been stressing for months not knowing if my election was properly filed. For something with potentially huge tax implications where there are NO do-overs if you miss the deadline, the service was absolutely worth it.
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Kirsuktow DarkBlade
One thing nobody has mentioned yet about Section 83(b): if your shares are already fully vested when granted, you DON'T need to file this! I wasted so much time panicking about this before my accountant told me it only applies to shares with vesting restrictions. Also, make sure you understand the difference between restricted stock and stock options - they're treated completely differently for tax purposes. Section 83(b) elections only apply to restricted stock, not to stock options. I got confused because my company grant included both types and I almost filed unnecessarily for the options portion.
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Abigail bergen
•Wait, so if I have stock options (ISOs) with a 4-year vesting schedule, I don't need to file an 83(b)? My startup's CEO told everyone to file 83(b) elections but now I'm confused.
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Kirsuktow DarkBlade
•Correct - for standard ISOs (Incentive Stock Options), you don't need to file an 83(b) election. The taxation on ISOs is different - you don't pay tax when they vest, only when you exercise them (purchase the shares). Your CEO might be confusing ISOs with RSAs (Restricted Stock Awards) or they might be trying to be extra careful. Or perhaps some employees got different types of equity. If you have standard ISOs with a vesting schedule, an 83(b) election doesn't apply to your situation. To double check, look at your grant documents - they should clearly state whether you received ISOs, NSOs (Non-qualified Stock Options), or restricted stock/RSAs. If you're still unsure, definitely ask HR or a tax professional to clarify before your 30-day window expires.
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Ahooker-Equator
Something super important that nobody mentioned: When you file Section 83(b), you need THREE copies! One for the IRS, one for your employer, and one to attach to your tax return for that year. I almost messed this up. Also, make sure you're using the right address for your IRS service center - it differs based on where you live. And don't forget you need proof of mailing (certified mail with return receipt) to prove you sent it within the 30-day window.
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Anderson Prospero
•Do you really need certified mail? I just sent mine regular first class because the post office line was insanely long when I went. Now im worried.
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