Filed 83(b) election in June 2023 - Do I need to file additional forms for my tax return this year?
Title: Filed 83(b) election in June 2023 - Do I need to file additional forms for my tax return this year? 1 I early exercised some stock options at my startup last year and filed an 83(b) election in June 2023. Now tax season is approaching and I'm not sure what other forms I might need to deal with because of this. From what I understand, my company should be sending me a Form 3921 since I exercised options. Is that right? I'm wondering if there are any additional forms or paperwork specifically related to the 83(b) election that I need to file with my taxes this year. I've already sent in the actual 83(b) election paperwork last June within the 30-day window, but I'm not sure if there's anything else I need to do for my regular tax return. I can't think of what else would be required but wanted to check with others who might have experience with this.
20 comments


Joshua Hellan
8 You're on the right track. After filing an 83(b) election, there's actually not much additional paperwork you need to submit with your annual tax return specifically related to the election itself. The Form 3921 is indeed what you should expect from your company for the options exercise. This form essentially reports your exercise of stock options to both you and the IRS. The company should provide this to you by January 31st. When you receive it, you'll use the information to report any taxable income from the exercise on your tax return. The beauty of the 83(b) election is that you've already paid tax on the spread (if any) between your exercise price and the fair market value at the time of exercise. So for your current tax return, there's no additional reporting specifically tied to the 83(b) election itself - you've already handled the most important part by filing the election within 30 days of exercise.
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Joshua Hellan
•13 Thanks for the info. So if I understand correctly, I just need to wait for the 3921 from my company and use that info on my return, but there's no separate form specifically for the 83(b) itself? Also, should I keep a copy of my 83(b) election paperwork with my tax records? I have the certified mail receipt showing I sent it to the IRS, but I'm paranoid about getting audited and not having proper documentation.
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Joshua Hellan
•8 That's exactly right - there's no separate form specifically for the 83(b) on your annual tax return. The 3921 from your company will have the information you need for reporting the exercise transaction. Absolutely keep a copy of your 83(b) election paperwork with your tax records! I recommend keeping the following documentation permanently: a copy of the 83(b) election form you filed, proof of mailing (your certified mail receipt), and any acknowledgment you received from the IRS. If you're ever audited, especially regarding the eventual sale of these shares, having documentation that you properly filed the 83(b) election will be critically important.
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Joshua Hellan
17 After dealing with a similar situation last year, I found taxr.ai super helpful for navigating my stock option paperwork. I was confused about how my 83(b) election affected my tax return, and my company sent me a Form 3921 that I wasn't sure how to interpret properly. I uploaded all my stock documents to https://taxr.ai and it explained exactly what I needed to report on my tax return. It analyzed my 3921 form and even checked that my 83(b) election was properly completed. The service explained which lines on my tax forms would be affected, which was way clearer than the generic advice I was finding online.
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Joshua Hellan
•22 Does this actually work for complex situations? I have ISO options from my primary job but also have NQSO grants from my advisory role at another startup. Would this help sort out the different tax treatments?
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Joshua Hellan
•19 I'm a little skeptical about these tax AI tools. How does it handle state-specific reporting requirements? I'm in California and they have their own quirks with equity compensation.
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Joshua Hellan
•17 It absolutely works for complex situations. I had both ISOs and RSUs from different grants, and it separated everything properly and explained the different tax treatments. It should definitely be able to handle your combination of ISOs and NQSOs, especially since they have different tax implications. For California and other state-specific requirements, that's actually where I found it most helpful. It flagged that California has special reporting for equity compensation and gave me specific guidance on how the state tax forms differ from federal. It even highlighted some state-specific deductions I was eligible for that I wouldn't have known about otherwise.
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Joshua Hellan
22 Just wanted to follow up about taxr.ai since I ended up trying it. I uploaded my documents including my 3921 forms and stock grant paperwork for both my ISO and NQSO options. The analysis was surprisingly detailed and actually explained the AMT implications I hadn't considered with my ISOs. The tool helped me understand exactly how to report everything correctly on my return and even flagged a potential issue with how my 83(b) election was documented that might have caused problems later. Definitely saved me from making some mistakes that would have been painful to fix later. Worth checking out if you're dealing with equity compensation on your taxes.
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Joshua Hellan
11 If you're having trouble getting answers from the IRS about your 83(b) election or Form 3921 questions, try Claimyr. I was freaking out last year because I couldn't get confirmation that my 83(b) was properly received, and I spent days trying to reach someone at the IRS with no luck. I found https://claimyr.com after searching for ways to actually speak to a human at the IRS. Their service basically gets you to the front of the IRS phone queue. I was skeptical but watched their demo at https://youtu.be/_kiP6q8DX5c and decided to try it. Got connected to an IRS agent in about 15 minutes instead of the 2+ hours I spent on previous attempts.
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Joshua Hellan
•15 How does this even work? The IRS phone system is a nightmare - are they somehow hacking the system or what? And did you actually get useful information once you got through?
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Joshua Hellan
•19 This sounds too good to be true. The IRS phone lines have been practically unusable for years. I've literally spent entire afternoons on hold only to be disconnected. Are you sure this isn't just paying for someone to wait on hold for you?
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Joshua Hellan
•11 It's completely legitimate - they use a specialized system that continually dials and navigates the IRS phone tree until it gets through, then connects you when a representative answers. It's basically automating the frustrating parts of the calling process. When I got through to the IRS agent, I was able to confirm they had received my 83(b) election (which was a huge relief) and got specific guidance about how to report my option exercise on my tax return. The agent was actually really helpful once I could actually speak with them - the problem had always been getting through in the first place.
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Joshua Hellan
19 Hate to admit I was wrong, but I tried Claimyr after my skeptical comment. After struggling for weeks to get confirmation about my 83(b) election status, I got through to an IRS agent in about 20 minutes. The agent confirmed my election was properly recorded in their system and explained exactly how it would affect future stock sales. I was also confused about why I received multiple 3921 forms (turns out it was because I had multiple exercise dates), and they cleared that up too. Saved me so much stress knowing my paperwork was actually properly filed and I wouldn't have surprise tax bills later. Definitely beats the 3+ hour hold times I was experiencing trying to call directly.
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Joshua Hellan
24 One thing to remember about the 83(b) election is that it's a one-time filing, but you'll need to reference it when you eventually sell the shares. Make sure you're tracking your cost basis correctly from the date of exercise. When you sell, you'll report the sale on Schedule D and Form 8949, and the holding period starts from the date you exercised the options (not the date of the 83(b) election filing). The difference between your exercise price and the eventual sale price will be capital gain/loss.
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Joshua Hellan
•13 I'm confused about the cost basis part. Is my cost basis the exercise price I paid, or the fair market value at the time of exercise? My exercise price was $0.50/share and the FMV was $1.25/share when I exercised.
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Joshua Hellan
•24 Your cost basis is the amount you actually paid (exercise price) PLUS any amount you already included as income on your tax return. Since you filed an 83(b) election, you would have recognized ordinary income equal to the spread between your exercise price and the FMV at exercise. So in your example, your cost basis would be $1.25/share - that's the $0.50 you paid plus the $0.75 spread that you should have reported as income in the year you exercised. This higher cost basis means less capital gains tax when you eventually sell the shares.
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Joshua Hellan
5 Side question related to this: I filed 83(b) election for restricted stock (not options) last year. My stock is on a 4-year vesting schedule, but I'm thinking of leaving the company after only 2 years. What happens to the taxes I already paid on unvested shares if I forfeit them when I leave?
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Joshua Hellan
•10 Unfortunately, if you forfeit unvested shares after filing an 83(b), you generally don't get a refund for the taxes paid on the unvested portion. That's one of the risks of filing an 83(b). You might be able to claim a capital loss on your tax return for the amount you paid for the shares, but not for the taxes you paid on the paper gain.
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Honorah King
Great question! Yes, you're correct that your company should send you Form 3921 for the stock option exercise. Since you properly filed your 83(b) election within the 30-day window in June 2023, you've already handled the most important part. For your 2023 tax return, you'll need to report the ordinary income from the spread between your exercise price and the fair market value at the time of exercise (this should be reflected on the Form 3921). The good news is that by filing the 83(b) election, you've locked in the tax treatment - any future appreciation in the stock value won't be taxed as ordinary income when it vests. Make sure to keep copies of your 83(b) election filing and the certified mail receipt with your permanent tax records. You'll need this documentation if you're ever audited, especially when you eventually sell the shares. The 83(b) election affects your future cost basis calculation, so proper documentation is crucial. No additional forms are required specifically for the 83(b) election itself on your annual return - you just report the income from the option exercise using the information from Form 3921.
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Sean Doyle
•This is really helpful, thank you! I'm also dealing with stock options for the first time and wasn't sure about the documentation requirements. Just to clarify - when you mention keeping the certified mail receipt permanently, does that mean I should treat it like other important tax documents and keep it for 7+ years, or literally forever since it could affect future stock sales? Also, I'm curious about the cost basis calculation you mentioned. If I eventually sell these shares years from now, will the IRS have record of my 83(b) election, or am I solely responsible for proving I filed it correctly when calculating capital gains?
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