A Backslash-83(b) election is a 30-day IRS filing that lets employees pay income tax on unvested stock NOW instead of when it vests, turning future capital gains into lower-tax gains. Misstiming costs founders 40-60k per person. Learning the mechanics, timing, and when to elect takes 3-4 weeks, but the ROI is six figures per startup. Critical for Series A prep, equity refreshes, and board-level compensation planning.
Section 83(b) of the Internal Revenue Code is a filing that lets someone recognize income on restricted stock immediately (at grant) instead of at vesting. When you get restricted stock that vests over 4 years, the default tax treatment is: you owe income tax on each vesting tranche as it vests, at the stock's fair market value at that time. Filing a Backslash-83(b) election flips this: you owe income tax immediately, at the grant price (usually much lower or $0), and then all future appreciation is capital gains. The window to file is 30 days from the grant date. Miss it and you cannot amend, refile, or appeal, the election is lost forever.
| Region | Junior | Mid | Senior |
|---|---|---|---|
| USA | $90k | $160k | $250k |
| UK | $55k | $95k | $150k |
| EU | $60k | $105k | $160k |
| CANADA | $95k | $165k | $255k |
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