Checklist

The 83(b) election window.

The 83(b) election runs on a 30-day clock with no exceptions. Run through this checklist the moment a client mentions a new restricted stock grant.

Confirm eligibility

  • Verify the grant is restricted stock, not RSUs — the election isn't available for units
  • Confirm the exact grant date to calculate the 30-day filing deadline

Decide whether it helps

  • Model the ordinary income tax due today on the grant-date value
  • Compare it against the potential capital gains savings on future appreciation
  • Assess the client's genuine confidence in near-term growth
  • Weigh the downside: leaving before vesting means tax paid on compensation never received

File it correctly

  • Complete IRS Form 15620 (the standardized election form introduced in late 2024) — or a written statement meeting Treas. Reg. §1.83-2 if not using the form
  • File online through the IRS website for instant confirmation, or by mail — use one method only, not both
  • If filing by mail, send via certified mail with return receipt requested
  • Provide a signed copy to the employer — this is still required regardless of filing method
  • Retain a copy and proof of filing in the client file; attaching a copy to the tax return is no longer required (eliminated by the IRS in 2016)

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