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IRS Section 83(b) Election Helper
Generates the completed 83(b) election statement plus step-by-step filing instructions for the strict 30-day deadline, including current electronic-filing options.
What is an IRS Section 83(b) Election Helper?
An IRS Section 83(b) Election Helper produces the completed 83(b) election statement and step-by-step filing instructions for the strict 30-day deadline, including the current electronic-filing options.
Anyone who buys or is granted stock that vests over time: founders, early employees, and advisors holding restricted stock. Filing within 30 days sets the tax on today's tiny value. Without the election, the tax falls on the (hopefully much larger) value the shares carry as they vest. Miss the deadline and the mistake is expensive and cannot be undone.
IRS Section 83(b) Election Helper template, current for 2026
Reflects that the IRS accepts electronically filed and electronically signed 83(b) elections (available since 2025) and the current Form 15620 pathway, alongside the traditional mail-with-proof-of-mailing method. Older helpers still assume paper filing only. It also carries the current guidance that a copy no longer has to be attached to your return, although you should keep one.
How HDAi does this differently
Unlike a static form, HDAi runs a guided interview and assembles your IRS Section 83(b) Election Helper as you answer. When you want it finished, a licensed Hart David Carson attorney reviews it and tailors it to your facts before you sign. The interview and the first draft are automated. The judgment belongs to an attorney.
What you’ll be asked
A short interview in plain language that asks only what this document needs.
- Who is the taxpayer making the 83(b) election? This is the person who received the restricted stock or property and is electing to be taxed now. The election is personal and must be signed by this individual.
- What kind of U.S. taxpayer identification number will the taxpayer use on the election? The election must show the taxpayer's U.S. taxpayer identification number. Most individuals use a Social Security Number (SSN). Non-U.S. persons who are not eligible for an SSN generally use an Individual Taxpayer Identification Number (ITIN); if you do not yet have one, you must apply for it (Form W-7) so the election can be properly matched, and you should raise this with your tax advisor before filing.
- Is the taxpayer a non-U.S. person (nonresident alien or otherwise not a U.S. citizen or resident) for tax purposes? Non-U.S. persons can still make an 83(b) election, but the withholding, treaty, and identification-number consequences differ. If yes, do not file without confirming your U.S. filing obligations and ITIN status with a tax advisor.
- Are you married and filing (or planning to file) a joint return for this tax year? If you are married filing jointly, the IRS instructions call for including your spouse's information on the election statement so it ties to the correct return.
- Spouse's identifying information Only needed if you are filing jointly. This helps the IRS match the election to your joint return.
- Which company issued the stock or property? The issuer of the restricted stock/property. Its name and entity type identify the property that is the subject of the election.
- Is the taxpayer an employee of the issuing company (as opposed to a founder holding purchased shares, a non-employee director, an advisor, or an independent contractor)? This affects withholding. If the recipient is an employee, the spread included in income under the election is generally treated as wages subject to FICA and to federal income-tax withholding at the time of transfer. Founders who purchase shares at fair market value (so there is no spread) and non-employee service providers are treated differently.
- What type of property are you electing on? Most 83(b) elections cover restricted common stock (e.g., founder shares or an early-exercised option), but the election applies to any property transferred in connection with services.
- Was this an early-exercised INCENTIVE stock option (ISO) rather than a non-qualified option (NSO)? For ISOs, the 83(b) election interacts with the alternative minimum tax (AMT): the spread at exercise over the exercise price may be an AMT preference item in the year of exercise even though it is not ordinary income. Flag this so your advisor can model AMT before you file.
- For an LLC/partnership interest, is this a profits interest or a capital interest? A profits interest (a right only to future profits and appreciation, with no current liquidation value) is generally not a taxable event on receipt under Revenue Procedure 93-27 and Revenue Procedure 2001-43, and a protective 83(b) election is commonly filed. A capital interest (a present share of the entity's existing value) is taxable on receipt of the vested portion. Choose the intended characterization; confirm with counsel.
- How many shares (or units) are you electing on? The total number of shares or units subject to the vesting/forfeiture restriction that you are electing to include in income now.
- What is the class/series of the shares or units? Identifies the exact security (e.g., 'Common Stock', 'Series Seed Preferred'). This description goes on the election so the IRS knows precisely what property is covered.
- On what date was the property transferred to you? This is the date you acquired the property (grant/purchase/exercise date). The strict 30-day filing deadline runs from THIS date, not from vesting.
- What was the fair market value per share on the transfer date? The FMV per share at transfer. The election reports the excess of total FMV over the amount you paid as ordinary income now, so this figure drives your current-year tax.
- How much did you pay per share? The amount you paid for each share (often the same as FMV for founders, or the exercise price for early-exercised options). Enter 0 if the property was granted for no cash.
- What is the AGGREGATE fair market value of all shares/units at transfer (per-share FMV times number of shares)? State the total dollar figure that appears in Section 5. It should equal the per-share fair market value multiplied by the number of shares. Enter the exact dollar amount (e.g., 100.00). This is a deliberate cross-check against the per-share figures.
- What is the AGGREGATE amount you paid for all shares/units (per-share price times number of shares)? State the total dollars actually paid, matching Section 6. It should equal the per-share price multiplied by the number of shares. Enter 0 if the property was granted for no cash. This cross-checks the per-share amount.
- What is the AGGREGATE amount includible in gross income (aggregate FMV minus aggregate amount paid)? The Section 7 figure: aggregate fair market value from Section 5 minus the aggregate amount paid from Section 6, but not less than zero. For founders who pay full fair market value this is 0. Enter the exact dollar amount.
- Describe the vesting/forfeiture restrictions on the property. The IRS requires a description of the restrictions that create a substantial risk of forfeiture (e.g., a time-based vesting schedule with a company repurchase right on unvested shares). This is what makes an 83(b) election meaningful.
- For which tax year are you making this election? The calendar year in which the transfer date falls. The income reported on this election is included on that year's federal return.
- How do you intend to file the election with the IRS? An 83(b) election must be filed with the IRS within 30 days of transfer, by mail. As of 2026 the IRS has NOT launched general electronic filing or electronic signature for 83(b) elections. You may file a traditional signed statement, or complete IRS Form 15620 (the new standardized 83(b) form); either way it is mailed, and certified mail with return receipt is recommended so you have proof of timely filing.
- In which U.S. state (or D.C.) does the taxpayer reside for the return this election ties to? The 83(b) election is mailed to the same IRS Service Center where you file your federal income-tax return, which depends on your state of residence. We use this to help you identify the correct Service Center address; always confirm it against the current Form 1040 instructions before mailing.
- Which IRS Service Center address will you mail the election to? Enter the full mailing address of the IRS Service Center for your state of residence, taken from the current Form 1040 instructions. Common examples: Kansas City, MO 64999; Ogden, UT 84201; Austin, TX 73301. Non-U.S. filers generally use Austin, TX 73301-0215. Verify the exact address for your state before mailing.
- On what date will you sign this election? The date you sign. It must be on or before the 30th day after the transfer date for the election to be valid.
Frequently asked
About the IRS Section 83(b) Election Helper and how HDAi works.
What is an IRS Section 83(b) Election Helper? +
An IRS Section 83(b) Election Helper produces the completed 83(b) election statement and step-by-step filing instructions for the strict 30-day deadline, including the current electronic-filing options. It is for anyone who buys or is granted stock that vests over time: founders, early employees, and advisors holding restricted stock. Filing within 30 days sets the tax on today's tiny value. Without the election, the tax falls on the (hopefully much larger) value the shares carry as they vest. Miss the deadline and the mistake is expensive and cannot be undone.
Is HDAi's IRS Section 83(b) Election Helper legally binding? +
The IRS Section 83(b) Election Helper is a working document rather than a contract. It organizes the facts and decisions the next step needs (an attorney's work, a filing, or a board decision) and does not become binding when you sign it. Treat the output as preparation, and have a licensed Hart David Carson attorney finish whatever follows from it.
Do I need a lawyer to use this IRS Section 83(b) Election Helper? +
You can generate and download the IRS Section 83(b) Election Helper in minutes at no charge, and no lawyer is needed for that step. If you want a licensed Hart David Carson attorney to check it against your facts before you sign and mail it, book a planning call.
What makes this IRS Section 83(b) Election Helper current for 2026? +
Reflects that the IRS accepts electronically filed and electronically signed 83(b) elections (available since 2025) and the current Form 15620 pathway, alongside the traditional mail-with-proof-of-mailing method. Older helpers still assume paper filing only. It also carries the current guidance that a copy no longer has to be attached to your return, although you should keep one.
How long does the IRS Section 83(b) Election Helper take? +
Estimated time about 12 min (24 questions), depending on how much you already know. The document assembles as you answer. Export it as PDF or Word, or send it to a Hart David Carson attorney for review.
Does this IRS Section 83(b) Election Helper work in my state? +
HDAi's interview is state-aware. If you ask an attorney to finish the draft, a licensed Hart David Carson attorney confirms it against your state's requirements before you rely on it. Validity and required formalities vary by state.
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