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What is an 83(b) Election?

In this episode, we dive into the 83(b) Election—a tax strategy that can have significant financial implications for individuals who receive stock as part of their compensation. While it might sound technical, understanding how it works can be crucial for employees, particularly in startups and the tech sector. The 83(b) Election allows recipients of stock grants to pay taxes on the stock's value at the time of the grant rather than waiting until it vests. If the stock appreciates over time, this decision can result in substantial tax savings, as the taxable income is locked in at a lower rate. However, it’s not always the best choice, and there are key risks to consider. Once the election is made, it cannot be reversed, and the taxes must be paid upfront, regardless of future stock performance. Amy walks us through a real-world example with a hypothetical client, Emily, a software engineer who receives 10,000 shares of restricted stock. If she files the 83(b) Election when the shares are valued at $1 each, she pays taxes on $10,000. Four years later, if the stock is worth $10 per share, she avoids paying income tax on $100,000 when the stock vests, benefiting from long-term capital gains treatment instead. Without the election, she would be taxed on the stock’s higher value at vesting, potentially leading to a much larger tax bill. We also discuss how 83(b) applies to stock options using another hypothetical client, Mark, a doctor in the healthcare field. If Mark exercises his options early while the stock is at $2 per share and files an 83(b) Election, he eliminates the income tax liability at vesting and benefits from capital gains treatment on future gains. Without filing, he would owe income tax on the difference between the strike price and the stock’s value at vesting, which could lead to a massive tax burden. However, the 83(b) Election is not for everyone. Key risks include leaving the company before stock vests, the stock declining in value, or not having the cash available to pay the upfront tax. Timing is also critical—filing must be completed within 30 days of the grant or exercise, with no exceptions. The process involves submitting a signed election form to the IRS via certified mail, providing a copy to the employer, and attaching the form to the tax return for that year. Ultimately, the 83(b) Election can be a powerful tax-saving tool, but it requires careful consideration. If you’re receiving stock as part of your compensation, understanding this option and consulting a financial professional can help determine if it’s the right move for you. To get in touch with Amy and her team at Thimbleberry Financial, call 503-610-6510 or visit thimbleberryfinancial.com (https://thimbleberryfinancial.com/) .