What is the deadline for making an 83(b) election?

If you’re making an 83(b) election, you must file it within 30 calendar days of when the shares were issued to you. For most Clerky customers, this means you should file within 30 calendar days of completing any paperwork on Clerky that results in an issuance of unvested shares to you. If you incorporated a startup but have not done anything else, including post-incorporation setup, then you don’t need to worry about making an 83(b) election yet.

In some cases, the deadline may be adjusted if it falls on a weekend or certain holidays. However, most startup attorneys discourage relying on these nuances and strongly recommend filing well in advance of the deadline. Filing as early as possible will also give you more time to handle any unforeseen circumstances. If you have any questions about exceptions to the deadline, we encourage you to consult your attorney or tax advisor.

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