IRS Eliminates Requirement to File Copy of Section 83(b) Election with Tax Return

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In an effort to improve e-filing, the IRS has proposed to eliminate the need to file a copy of a Section 83(b) election with the service provider’s annual tax return. Taxpayers receiving non-vested stock or partnership interest often file a Section 83(b) election within 30 days of receipt to treat the equity as vested for tax purposes. This election allows the taxpayers to avoid paying compensation income on the often higher value of the equity at the later vesting date. Under current law, taxpayers are required to file a copy of that same election with their annual tax return for the year they receive the equity interest. The proposed regulations note that often taxpayers are unable to e-file their annual tax returns with a Section 83(b) election, thus forcing them onto paper returns. The IRS is now able to internally associate the Section 83(b) election with a taxpayer’s annual return and thus has proposed to eliminate this second filing and help more people e-file. Although the new regulations officially apply to the receipt of unvested equity as of January 1, 2016, taxpayers may rely on the regulations for property received on or after January 1, 2015.

 

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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