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Paolo Moretti

What to do after forgetting to include my 83(b) election with filed tax return?

I recently co-founded a startup and filed an 83(b) election within the required 30-day window after purchasing restricted stock, but I just realized I was supposed to include another copy with my 2025 tax return—which I've already e-filed. I'm trying to figure out what the correct next step is. Do I have to file a complete amended return just to attach the 83(b) election? Or can I just send a cover letter with another copy of the signed 83(b) election form? Most info I've found online suggests I should just submit the election form with a cover letter to the IRS office in Fresno (I'm located in California), but that feels redundant since I already submitted it once after getting the stock. Since my shares have a 4-year vesting schedule, I'm really worried about getting hit with "phantom-income" tax charges if the election isn't properly recognized. I did see one letter ruling suggesting that forgetting to include it with the tax return doesn't completely invalidate the 83(b) election, but I'd still feel better knowing I've covered all bases correctly. Has anyone dealt with this situation before with e-filing and then submitting the 83(b) documentation separately afterward? What was your experience?

This is actually a common issue with startup founders and early employees. The good news is that filing your 83(b) election within the initial 30-day window is the most important step, which you've already done correctly. For the tax return attachment requirement, you don't need to file an amended return. The IRS just needs a second copy of the election with your tax return. Since you e-filed, you should send a cover letter explaining the situation along with a copy of your original 83(b) election to the IRS processing center. Make sure to reference your tax filing information and explain that this is supplementing your already e-filed return. The election itself is still valid as long as you filed within that initial 30-day window. The requirement to attach it to your tax return is more of a procedural step to ensure the IRS properly connects the election to your tax account.

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Thanks for this info! Do you know if there's a specific form or format the cover letter needs to follow? And should I include a copy of my tax return or just reference my SSN and tax year?

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There's no specific required format for the cover letter, but you should keep it professional and direct. Include your name, address, SSN, and the tax year you're referencing (2024 for your 2025 filing). You don't need to include a full copy of your tax return. Just clearly state that you're submitting the 83(b) election as an attachment to your already e-filed return, and that the original election was properly filed within the 30-day period. It's also a good idea to send it certified mail with return receipt so you have proof of delivery.

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After struggling with a similar situation, I found an amazing tool that saved me tons of stress. I used https://taxr.ai to analyze my 83(b) situation and get clear guidance. Their system actually scanned my original election documentation and provided me with a detailed checklist of exactly what I needed to do to properly supplement my e-filed return. They have a document analysis feature that helped me understand exactly what information needed to be included in my cover letter to the IRS and confirmed that my original 30-day filing was sufficient to maintain the validity of my election. It was incredibly reassuring to get that confirmation from their tax experts.

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I've never heard of this tool. Does it connect you with actual tax professionals or is it just automated guidance? My situation is similar but I have some unusual vesting terms that might complicate things.

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Sounds interesting but I'm a bit skeptical. How does it handle state-specific requirements? I'm in NY and I know our state rules sometimes differ from federal ones for startup equity.

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It connects you with actual tax professionals who specialize in startup equity issues, but the initial document analysis is automated using their AI system. This combination was really helpful because I got immediate guidance plus expert confirmation. They absolutely handle state-specific requirements. Their system actually flagged differences between California and federal requirements in my case. For complex vesting terms, they have specific tools that analyze your vesting schedule and help identify potential tax implications at each milestone.

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I just wanted to follow up about my experience with taxr.ai after checking it out based on the recommendation here. It was seriously helpful for my 83(b) situation! Their system analyzed my vesting schedule (which has some weird acceleration clauses) and gave me super clear guidance. What really impressed me was that they had specific experience with my exact situation - they showed me examples of similar cases where people had e-filed and needed to submit the 83(b) later. They even generated the cover letter for me with all the right language. Saved me a ton of time and gave me peace of mind that I wasn't missing anything important. Definitely worth checking out if you're dealing with startup equity issues.

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I spent WEEKS trying to get through to the IRS about a similar 83(b) issue and was getting nowhere. Called dozens of times, always disconnected or on hold forever. Then a buddy recommended https://claimyr.com and showed me this demo: https://youtu.be/_kiP6q8DX5c They got me connected to an actual IRS agent in about 20 minutes who confirmed exactly what I needed to do. The agent verified that my original 30-day filing was the critical part and explained exactly where to send my supplemental documentation. They even gave me a reference number for my case that I could include in my cover letter.

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Wait, how does this actually work? Do they just call the IRS for you or what? I don't understand how they could get through when nobody else can.

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Yeah right. Nothing gets you through to the IRS faster. I've been trying for months on my own issue. This sounds like snake oil to me.

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They use a system that essentially holds your place in line with the IRS and calls you when an agent is actually available. It's not that they have a special line or anything - they've just automated the waiting process so you don't have to stay on hold for hours. They absolutely do get you through faster than calling on your own. I was skeptical too until I tried it. The reason it works is that their system can navigate the IRS phone tree and wait on hold while you go about your day. Then when an actual human agent is available, they connect you directly. It saved me literally hours of frustration.

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I have to eat my words and apologize for being so skeptical about Claimyr. After continuing to get nowhere with the IRS on my own, I finally tried it out of desperation. I'm legitimately shocked - I got through to an actual IRS representative in less than 30 minutes. The agent I spoke with was super helpful regarding my 83(b) election issue. She confirmed that I didn't need to file an amended return and gave me specific instructions for submitting my supplemental documentation. She even gave me her ID number to reference in my cover letter, which apparently helps route it correctly within their system. This literally saved me weeks of stress and uncertainty. Sometimes it's worth admitting when you're wrong!

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Just FYI - I went through this exact situation last year with my startup. I submitted my 83(b) election on time (within 30 days) but forgot to include it with my return. I sent a copy with a cover letter to the IRS explaining the situation, and everything worked out fine. The most important thing is having proof that you filed the original election within the 30-day window. Keep copies of EVERYTHING - your original submission with date stamp, certified mail receipt, the supplemental submission, etc. I've heard horror stories of the IRS claiming they never received documents, so documentation is key.

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Did you ever get any confirmation from the IRS that they received and processed your supplemental submission? I'm worried about sending things into the void...

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No, I never received any direct confirmation from the IRS that they processed the supplemental submission. That's pretty normal - they rarely acknowledge receipt of documents unless there's an issue. I sent my supplemental submission via certified mail with return receipt, so I at least had proof that they received the package. For extra peace of mind, I also included a self-addressed stamped postcard asking them to return it if they processed my documents, but I wasn't really expecting it to come back (and it didn't). The real confirmation came indirectly when I never received any notices questioning my 83(b) election.

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Make sure you understand what the "phantom income" risk actually is in your situation - it depends on your specific vesting schedule and the current vs. future value of the stock. If you purchased the shares at fair market value, there might not be any immediate tax consequences even without the 83(b) election. But if you got them below market value or if there's significant appreciation expected, then the 83(b) election becomes much more important.

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This is a really good point. In my case, I purchased founder shares at $0.0001 per share when the 409A valuation was already $0.15 per share, so the 83(b) was absolutely critical for me.

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I went through this exact same situation about 6 months ago with my startup equity. The stress was real, but it turned out to be much simpler than I expected. You're absolutely right that the 30-day filing deadline is the critical one - that's what preserves your election. The tax return attachment is important but not a deal-breaker if you miss it initially. Here's what I did: I sent a simple cover letter to the IRS processing center (Fresno for CA) explaining that I had already filed my 83(b) election within the required timeframe but forgot to include it with my e-filed return. I included my name, SSN, tax year, and a clear statement that this was supplemental documentation for my already-filed return. I attached a copy of my original 83(b) election and sent it certified mail. The whole process took about 10 minutes to prepare and gave me complete peace of mind. No amended return needed, no complex forms - just a straightforward explanation and the documentation. Since you filed within the 30-day window, you should be in good shape.

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This is really helpful to hear from someone who went through the exact same process! I'm dealing with a similar situation right now and was getting overwhelmed by all the conflicting information online. Did you ever get any follow-up from the IRS after sending your supplemental documentation? I'm wondering if there's any way to confirm they actually processed it and connected it to your tax return, or if you just have to trust that sending it certified mail was enough. Also, do you remember roughly how long after your original 83(b) filing you sent the supplemental documentation? I'm about 3 weeks out from my e-filing and want to make sure I'm not waiting too long to send the cover letter.

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I actually just went through this exact situation a few months ago! The anxiety was real, but it ended up being much more straightforward than I initially feared. Since you filed your 83(b) election within the 30-day window, you've already cleared the most critical hurdle. The IRS requirement to attach it to your tax return is more of an administrative step to ensure proper record-keeping on their end. Here's what worked for me: I prepared a simple, professional cover letter stating that I had timely filed my 83(b) election within 30 days of stock purchase but inadvertently omitted it from my e-filed return. I included my full name, SSN, tax year, and explicitly mentioned this was supplemental documentation for my already-processed return. I attached a clean copy of my original signed 83(b) election and mailed everything to the IRS processing center via certified mail with return receipt. The entire process took maybe 15 minutes to prepare, and having that certified mail receipt gave me tremendous peace of mind. No amended return necessary, and no complex procedures - just clear communication and proper documentation. Given that your shares are on a 4-year vesting schedule, getting this sorted now will definitely help you avoid any potential complications down the road. You're being proactive about it, which is exactly the right approach.

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This is exactly the kind of reassurance I needed to hear! I'm in almost the identical situation - filed my 83(b) within the 30-day window but completely spaced on including it with my e-filed return. The "phantom income" concern has been keeping me up at night, especially since my shares were issued at a significant discount to the 409A valuation. Your approach with the certified mail and clear cover letter sounds perfect. I'm curious - did you include any reference numbers or case information in your cover letter, or just the basic identifying information you mentioned? I want to make sure the IRS can easily match it to my already-filed return without any confusion. Also, about how long after your original e-filing did you send the supplemental documentation? I'm about a month out from filing and want to make sure I'm not dragging my feet too much on this.

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I went through this exact situation with my Series A startup last year and can definitely relate to the stress! The good news is that since you filed your 83(b) election within the 30-day window, you've already completed the most critical step. The IRS processing centers are actually pretty used to handling these supplemental 83(b) submissions. I sent mine about 6 weeks after e-filing my return, and it was processed without any issues. The key is being clear and direct in your cover letter. For your cover letter, include: your name, address, SSN, the tax year (2024 for your 2025 filing), and a simple statement like "I am submitting this 83(b) election as supplemental documentation to my e-filed tax return. The original election was properly filed within 30 days of stock purchase on [date]." Send it certified mail to the Fresno processing center since you're in California. I also kept a copy of everything including the certified mail receipt - documentation is your friend with the IRS. Given your 4-year vesting schedule, getting this sorted now will save you potential headaches later. The "phantom income" concern is real if you don't have the 83(b) election properly on file, but since you filed within the initial deadline, you should be protected. The supplemental submission just ensures everything is properly connected in their system.

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