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Employment Benefits

83(b) Election on Restricted Stock (Private Co. Founders / Early Employees)

Elect §83(b) within 30 days of restricted stock grant — pay tax on ~$0 value, all future growth is capital gains.

Overview

IRC §83(b) election: within 30 days of receiving unvested restricted stock (founders, early employees, advisors), file §83(b) to pay ordinary income tax NOW on the current (near-zero) value. All future appreciation — including through vesting and exit — treated as capital gains. Without 83(b), you pay ordinary income tax on FMV at each vesting event (potentially millions on IPO/acquisition). Election is one-page IRS filing, must be certified mailed within 30 days — the deadline is HARD, no extensions.

Best fit
Startup foundersAdvisors receiving equityEarly employees at private companies
Estimated impact
$100K–$10M+ tax savings on eventual exit

Click Generate advisory deep dive for mechanics, IRC citations, a step-by-step execution plan, a worked numeric example on your profile, costs, risks, and this-week actions.

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