How to file 83(b) election as a non-resident non-citizen working for US company?

This is actually a really important question that comes up often with global workforces. The 83(b) election is specifically for US tax purposes, and yes, you should still file it even as a non-resident alien if you received stock options from a US company. The reason is that when these stocks eventually vest or you exercise the options, there could be US tax implications regardless of your citizenship status. The US taxes non-resident aliens on income that's considered US-sourced, and stock compensation from a US company typically falls into this category. For filing without an SSN, you'll need to apply for an Individual Taxpayer Identification Number (ITIN) using Form W-7. As for mailing the 83(b) election, you'll need to send it to the same IRS office where you'd file your income tax return. For most international filers, that's: Internal Revenue Service, Austin Service Center, ITIN Operation, P.O. Box 149342, Austin, TX 78714-9342. Remember, the 83(b) election must be filed within 30 days of receiving the stock options - this deadline is absolutely firm with no exceptions.

I went through almost this exact situation last year when I joined a US tech company while living abroad. Found this amazing service called taxr.ai (https://taxr.ai) that specializes in these complex international tax scenarios. They have specific expertise with 83(b) elections for international employees and guided me through the whole process. They confirmed that yes, I needed to file despite being a non-resident, helped me apply for an ITIN, and even provided templates for the 83(b) election letter tailored to my situation. What I found most helpful was their document review feature - I uploaded my stock option agreement and they analyzed exactly what sections were relevant for the 83(b) filing. Saved me hours of confusion trying to figure out what needed to be included in my election letter.

Just wanted to update - I tried taxr.ai after seeing it mentioned here and it was surprisingly helpful! I was skeptical at first because my situation seemed so specific (non-resident in Thailand with stock options from a US fintech). Their system immediately identified my 83(b) election needs and guided me through the entire process. The document analysis feature was incredibly useful - it flagged specific sections of my grant agreement that needed to be referenced in the election letter. I'm still waiting on my ITIN, but I got confirmation that my 83(b) election was received within the 30-day window. They provided a template cover letter explaining my ITIN was in process, and apparently that's sufficient for now. Used DHL as they suggested and was able to track the package the whole way. Totally worth it for the peace of mind knowing this was done correctly!

If you're still having trouble getting answers from the IRS about your specific situation, try using Claimyr (https://claimyr.com). I was in a similar position last year with some complex international tax questions about my stock options that nobody could answer clearly. Regular channels were useless - emails went unanswered and international calls to the IRS just led to hours of waiting. Claimyr connected me directly to an IRS agent in under 15 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with confirmed exactly what documentation I needed as a non-resident and even gave me the correct mailing address for my situation (turns out there are different addresses depending on your specific circumstances). Saved me from potentially missing that 30-day deadline for the 83(b) election.

Just wanted to follow up since I was skeptical about Claimyr in my previous comment. I decided to try it despite my doubts, and wow - it actually works exactly as described. I was connected to an IRS agent in about 20 minutes (a bit longer than the 15 minutes claimed, but still MUCH faster than my previous attempts). The agent confirmed that as a non-resident receiving stock options from a US company, I definitely needed to file the 83(b) election within 30 days, and gave me the correct mailing address for my specific situation. What surprised me most was how much more helpful the agent was compared to my previous interactions with the IRS. Maybe because I wasn't frustrated from waiting on hold for hours? She even explained how to track my submission and what documentation to keep for my records. For anyone dealing with international tax situations where you need definitive answers directly from the IRS, this service is legitimately worth it.

Something to consider that hasn't been mentioned yet - check if your country has a tax treaty with the US. I'm in the UK and work for a US company, and certain provisions in the tax treaty affected how my stock options were handled. Brazil (mentioned by the OP) does have a tax treaty with the US, so there might be specific clauses about equity compensation that could impact your situation. The treaties sometimes have special provisions for how stock options and equity grants are taxed to avoid double taxation.

One thing I learned the hard way - make multiple copies of everything before sending! I sent my 83(b) election last year from Japan, and the IRS claimed they never received it despite tracking showing it was delivered. Send it with tracking for sure, but also keep digital scans of everything you submit, including proof of mailing and delivery confirmation. This documentation saved me during an audit when the IRS couldn't locate my original 83(b) election in their records.

As someone who's been through this exact scenario (non-resident working for US company with stock options), I can confirm that yes, you absolutely need to file the 83(b) election even as a Brazilian non-resident. The US will still consider this US-source income when you eventually exercise or sell. A few practical tips from my experience: 1. You can file the 83(b) election before getting your ITIN - just include a note that your ITIN application is in process. The IRS accepts this. 2. For mailing from Brazil, use a reliable courier service like DHL or FedEx with tracking. Regular mail is too risky for something this important. 3. The correct address for international filers is: Internal Revenue Service, Austin Service Center, ITIN Operation, P.O. Box 149342, Austin, TX 78714-9342 4. Include a cover letter explaining you're a non-resident filing an 83(b) election, and request written confirmation of receipt. The 30-day deadline is absolute, so don't delay! Also consider consulting with a tax professional who understands both US and Brazilian tax law, especially since Brazil doesn't have a comprehensive tax treaty with the US - you'll want to plan for potential double taxation issues down the road. Good luck!

I faced a very similar situation last year as a Canadian non-resident working for a US startup. One thing I wish I had known earlier is that you should also notify your company's HR/legal team that you're filing the 83(b) election as a non-resident. In my case, the company needed to adjust their payroll reporting since they weren't initially accounting for international employees making this election. They also provided me with additional documentation that made the filing process smoother - specifically a letter confirming the grant details and fair market value at the time of grant. Also, since you mentioned you're in Brazil, be aware that you'll likely need to report this to the Brazilian tax authorities as well under their controlled foreign company (CFC) rules, depending on your ownership percentage. I'd strongly recommend getting advice from a Brazilian tax professional who understands international equity compensation. The logistics are definitely a pain, but don't let that discourage you from filing. The potential tax savings when you eventually sell the shares can be substantial, especially if the company does well. Better to deal with the paperwork headache now than face a much larger tax bill later!

I went through this exact situation two years ago as a non-resident working for a US tech company, and I can confirm it's definitely worth filing the 83(b) election even without US tax residency. The key thing to understand is that when you eventually exercise or sell those options, the IRS will treat any gain as US-source income regardless of where you live. Here's what worked for me from a practical standpoint: 1. **ITIN Application**: Start your ITIN application immediately using Form W-7, but don't wait for it to be approved before filing your 83(b) election. You can file the election with "ITIN Application Pending" and your full name where the SSN would go. 2. **Mailing Strategy**: I used DHL Express from my location and sent it to the Austin Service Center address others have mentioned. Cost about $45 but had full tracking and arrived in 3 business days. 3. **Documentation**: Include a cover letter explaining you're a non-resident filing under IRC Section 83(b), reference your stock option agreement date and grant details, and request written acknowledgment. 4. **Backup Plan**: I actually sent two copies via different courier services 2 days apart, both within the 30-day window. Overkill maybe, but given the stakes, worth the extra cost. The biggest surprise for me was that my home country (similar to Brazil's situation) ended up treating the eventual stock sale as regular income anyway, so the US tax planning didn't create the double taxation issues I was worried about. But every situation is different, so definitely consult with tax professionals in both countries. Don't let the logistics discourage you - this filing could save you significant money if your company does well!

Just want to add one more important detail that I haven't seen mentioned yet - make sure to keep copies of your stock option agreement and any other grant documentation when you file your 83(b) election. You'll need these later when you file your US tax returns upon exercise/sale. Also, regarding the ITIN process that others have discussed - you can actually expedite your ITIN application if you're filing time-sensitive forms like the 83(b) election. Include a cover letter with your Form W-7 explaining that you need the ITIN to comply with the 30-day 83(b) deadline. The IRS sometimes processes these faster, though it's not guaranteed. One thing that really helped me was creating a timeline working backwards from my 30-day deadline. I mapped out courier shipping times, potential customs delays, and gave myself a buffer. I ended up filing on day 22 and still felt nervous about cutting it close! For the OP specifically - since you mentioned working for a startup, there's a good chance your shares could appreciate significantly if the company does well. The 83(b) election could save you thousands (or more) in taxes down the road by locking in the current fair market value, which for early-stage startups is often very low. Definitely worth the hassle of international paperwork!

I actually went through this exact same process just 6 months ago as a non-resident working for a US SaaS company, and I want to emphasize how crucial the timing is here. You mentioned getting your grant 12 days ago - that means you have 18 days left, which is cutting it really close when you factor in international shipping and potential delays. Here's my recommendation for your timeline: Get your 83(b) election prepared and sent by day 25 at the latest. I know that sounds conservative, but I've seen too many horror stories of packages getting stuck in customs or courier delays that could cost you this election entirely. For the ITIN question - I sent them separately, about a week apart. The 83(b) election is time-critical and needs to get there first, while the ITIN application isn't subject to the same strict deadline. Bundling them together risks slowing down the 83(b) processing if there are any issues with the ITIN paperwork. My expedited ITIN took about 8 weeks, which was faster than the typical 12-16 weeks, but still much longer than your 83(b) deadline. The key is getting that election filed first with "ITIN Application Pending" noted where the SSN would go. Don't let the complexity paralyze you - the potential tax savings if your startup succeeds could be substantial. Focus on getting that 83(b) election prepared and shipped ASAP, then worry about the ITIN process afterward. You've got this!

Just chiming in as someone who recently went through this exact process as a non-resident (I'm in Germany working for a US fintech company). All the advice here is solid, but I want to add one crucial point about documentation that saved me during an IRS inquiry later. When you send your 83(b) election, include a copy of the relevant pages from your stock option agreement - specifically the pages showing the grant date, number of shares, and fair market value. The IRS doesn't require this with the initial filing, but having it attached made everything smoother when they had questions about my election months later. Also, regarding the "ITIN Application Pending" approach - I didn't include proof that I'd started the process, just wrote that phrase clearly where the SSN would go. The IRS accepted it without any issues. One more practical tip: Take photos of your completed forms and the package before sealing it for shipping. I know it sounds paranoid, but when you're dealing with international mail and irreversible tax elections, having that visual backup of exactly what you sent can be incredibly valuable if there are any disputes later. The whole process is definitely stressful when you're doing it from abroad, but everyone here is right - it's absolutely worth it for the potential tax savings. Don't let the logistics discourage you from protecting your financial future!

As someone who works in international tax compliance, I want to emphasize a critical point that hasn't been fully addressed: the 83(b) election timing starts from when you receive the *restricted stock*, not when you receive the stock options themselves. If you received stock options (the right to purchase shares later), you typically don't need to file an 83(b) election until you actually exercise those options and receive restricted stock. However, if you received restricted stock directly as compensation, then yes, the 30-day clock started ticking from that grant date. This distinction is crucial because I've seen many people panic about filing 83(b) elections for stock options when they actually don't need to yet. Can you clarify what exactly you received - was it stock options (ISOs, NQSOs) or actual restricted stock grants (RSUs that vested immediately, restricted stock awards)? If it's truly restricted stock that you received, then all the advice here about filing within 30 days is absolutely correct. But if it's stock options, you have more time to plan and can file the 83(b) election when you eventually exercise those options and receive the actual shares. This timing clarification could completely change your urgency level, so it's worth double-checking your grant documentation to be certain what type of equity compensation you actually received.

This is such valuable clarification about the timing distinction! I think this might explain some of the confusion I was having about urgency levels. Looking back at my grant documents, what I received were indeed stock options (ISOs specifically), not restricted stock grants. The company email about filing 83(b) elections was probably sent to everyone regardless of their specific grant type, which created unnecessary panic on my end. So if I understand correctly, I don't need to rush to file the 83(b) election right now - I can wait until I actually exercise the options and receive the restricted stock, at which point I'd have 30 days from that exercise date to file the election. This gives me much more time to properly navigate the ITIN process and plan the logistics. This is honestly a huge relief! I was getting really stressed about the tight timeline, especially dealing with international shipping from Brazil. Now I can take the time to properly understand the tax implications in both countries and maybe even consult with professionals who specialize in both US and Brazilian tax law. Thanks for this clarification - it's exactly the kind of expert insight that was missing from my Google searches and conversations with local accountants who weren't familiar with US tax rules.