New Rules on Section 83(b) Elections

Prior to a recent change, in order for a Section 83(b) election to be effective, the taxpayer had to:

- File the Section 83(b) election within 30 days of the receipt of restricted property (typically, restricted stock) with the Internal Revenue Service (the “IRS”);

- Provide a copy of the election to the service recipient (typically, the employer); and

- Attach a copy of the election to the taxpayer’s tax return for the year of the election.

New regulations eliminate the requirement that a copy of the election be submitted with the taxpayer’s tax return. This change is intended to facilitate e-filing of individual tax returns.

Please see full publication below for more information.

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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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