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A timely 83(b) election. If the participant does not timely make an 83(b) election, the participant will include in
income the fair market value of the shares of stock on the date that the restrictions
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What is a timely 83b election?
A timely 83b election is a provision under the US tax code that allows employees or other service providers who receive equity as compensation to elect to include the value of the equity in their taxable income at the time it is granted, rather than when it vests.
Who is required to file a timely 83b election?
Any employee or service provider who receives equity as compensation and wishes to be taxed on the value of the equity at the time it is granted must file a timely 83b election.
How to fill out a timely 83b election?
To fill out a timely 83b election, you need to complete and sign IRS Form 83(b), which is titled 'Election to Include the Value of Qualified Property Received in Gross Income.' The form must be filed with the IRS within 30 days of receiving the equity and a copy must also be sent to the employer or company from which the equity was received.
What is the purpose of a timely 83b election?
The purpose of a timely 83b election is to allow individuals who receive equity as compensation to potentially reduce their overall tax burden. By electing to include the value of the equity in their taxable income at the time it is granted, they may be able to take advantage of lower tax rates, future capital gains treatment, or avoid taxes on future appreciation of the equity.
What information must be reported on a timely 83b election?
A timely 83b election must include the following information: the name, address, and taxpayer identification number of the individual making the election, a description of the property for which the election is being made, the date the property was transferred, the value of the property, and any other relevant details requested on IRS Form 83(b).
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