What is the 83(b) deadline?

30 days from the date the restricted stock is transferred to you, counting calendar days. The IRS does not grant extensions, and a missed deadline cannot be fixed.

How do I file an 83(b) election?

File IRS Form 15620 online through the IRS website with an ID.me account, or mail a signed election (Form 15620 or an equivalent statement) to the IRS office where you file your return, ideally by certified mail with return receipt. Give a copy to your company.

Do I attach the 83(b) to my tax return?

No longer required. Treasury regulations removed the requirement to attach a copy to your income tax return for property transferred on or after January 1, 2015.

Can I file an 83(b) for stock options or RSUs?

Not for unexercised options or RSUs, because nothing has been transferred yet. You can file one when you early exercise unvested options, because you then hold restricted stock.

What if I file an 83(b) and later leave before vesting?

The company typically repurchases the unvested shares, often at what you paid. Tax you paid on the spread at filing is not refunded, though you may be able to claim a capital loss on the amount you paid for the shares.

83(b) election guide: deadline, how to file, and when it makes sense

If you receive stock that vests over time, the IRS gives you a choice about when to pay tax on it. The 83(b) election is how you make that choice, and you have only 30 days.

This guide covers the deadline, how to file, a worked example, and when filing is a mistake.

An 83(b) moves the tax event from vesting to the grant date

Under Section 83 of the tax code, stock that is subject to vesting is taxed when it vests. Each vesting date is a tax event on the stock's value at that date.

An 83(b) election changes that. You pay tax on the stock's value when you receive it, minus what you paid.

File an 83(b) and you are taxed once, on day one; skip it and you are taxed at every vesting date on whatever the stock is worth then.

The deadline is 30 days and cannot be extended

You must file within 30 days of the date the stock is transferred to you. The count is in calendar days.

There are no extensions and no late relief. If day 30 falls on a weekend or federal holiday, file before it rather than relying on a later date.

Missing the 30-day window means the election is gone for those shares.

A worked example: why founders almost always file

A founder buys 4,000,000 shares at $0.0001 each, paying $400. The shares vest over four years. At purchase, fair market value is also $0.0001.

With an 83(b)

Taxable income at filing: ($0.0001 − $0.0001) × 4,000,000 = $0.
Tax as shares vest: none.
When the founder later sells, the gain is capital gain, and the holding period started at purchase.

Without an 83(b)

Suppose after year one the company raises money and common stock is worth $0.50 a share. One quarter of the shares vest.

Income at that vesting date: 1,000,000 × ($0.50 − $0.0001) ≈ $499,900 of ordinary income.
More ordinary income at each later vesting date, at whatever the value is then.
Tax is owed even though the founder cannot sell the shares.

For founders buying stock at fair market value, an 83(b) usually costs nothing to file and can avoid six-figure tax bills on vesting.

File online with Form 15620, or by mail

Since July 2025 the IRS accepts 83(b) elections online. Law firms including Goodwin and Mintz summarised the change.

Filing online

Sign in to the IRS forms portal with an ID.me account.
Complete Form 15620, "Section 83(b) Election."
Submit, then download the confirmation copy.
Give a copy to your company.

Filing by mail

Complete and sign Form 15620, or an equivalent written statement.
Mail it to the IRS office where you file your personal return.
Use certified mail with return receipt, and keep the receipt.
Give a copy to your company.

Use one method only. You no longer need to attach a copy to your tax return.

The election must include specific information

Form 15620 walks you through it. A written statement must include:

Your name, address and taxpayer identification number.
A description of the property, such as number of shares and class.
The date of transfer and the tax year.
The nature of the vesting restrictions.
The fair market value at transfer, ignoring vesting restrictions.
The amount you paid.
A statement that you have given copies to the company.

83(b) applies to restricted stock, including early-exercised options

Situation	Can you file an 83(b)?
Founder stock subject to vesting	Yes
Restricted stock award (RSA) with vesting	Yes
Early exercise of unvested options	Yes
Unexercised stock options	No
RSUs	No
Fully vested stock	Not needed

For incentive stock options that are early exercised, the election matters for the alternative minimum tax calculation. See ISO vs NSO.

Filing is a mistake when the tax is large and the outcome is uncertain

An 83(b) is a bet that the stock will grow. It can backfire.

You pay tax on a high spread up front. If the stock is worth much more than you pay, you owe tax now on money you may never see.
You leave before vesting. Unvested shares are usually repurchased, and the tax you paid is not refunded.
The company fails. You may claim a capital loss, but it may not offset the ordinary income tax you already paid.

When the purchase price equals fair market value, none of these costs apply, because the tax at filing is zero.

Capable tracks every 83(b) so none slips past 30 days

On Growth, Capable tracks 83(b) elections for restricted stock and early exercises. It prepares the election details from the grant, counts down the 30 days, and reminds the holder.

Stakeholders upload proof of filing in their portal, and the company keeps the copy with the security.

Related guides: what a 409A valuation is and what a cap table is.

This guide is general information, not tax advice. Ask a tax adviser about your own situation.