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This document discusses the IRS guidance on making an 83(b) election under the Internal Revenue Code, detailing tax implications for service providers regarding restricted property and its taxation.
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How to fill out Executive Compensation Alert: New Guidance Regarding 83(b) Elections

01
Begin by gathering necessary documentation related to your stock options or restricted stock grants.
02
Review the new guidance regarding 83(b) elections to understand the implications for your situation.
03
Complete the election form by providing necessary details such as your name, address, and the date of the grant.
04
Specify the number of shares the election applies to and the fair market value at the time of the grant.
05
Consult a tax professional to ensure the accuracy of your election and to understand your tax obligations.
06
File the completed 83(b) election form with the IRS within 30 days of the grant date.
07
Retain a copy of the election form for your records and provide copies to your employer or their designated representative.

Who needs Executive Compensation Alert: New Guidance Regarding 83(b) Elections?

01
Employees who have received stock options or restricted stock grants.
02
Startups and companies offering equity compensation.
03
Tax professionals advising clients on equity compensation matters.
04
Investors looking to understand the tax implications of their equity compensation.
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Executive Compensation Alert: New Guidance Regarding 83(b) Elections is a notification that provides updated information and clarification on the procedures and implications of filing an 83(b) election, which allows individuals to elect to include the value of property received in compensation in their income for tax purposes at the time of transfer rather than at the time it becomes vested.
Individuals receiving restricted stock or other property as part of their compensation package may be required to file an 83(b) election to elect immediate taxation on the fair market value of the property, thereby avoiding potential taxation on any future appreciation.
To fill out the 83(b) election form, an individual must include their name, address, taxpayer identification number, a description of the property, the date of transfer, the nature of the restriction, and the fair market value of the property at the time of transfer. The form must be filed with the IRS within 30 days of the transfer.
The purpose of the Executive Compensation Alert is to inform stakeholders about the election process, its implications on tax liability, and to clarify any recent changes or enhancements to the guidance on 83(b) elections to ensure compliance.
The information that must be reported includes the taxpayer's information, a detailed description of the property received, the date of transfer, the restrictions on the property, and the fair market value of the property at the time of transfer. Additionally, the election statement should express the taxpayer's intention to make the 83(b) election.
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