When do you file 83b elections? And how does it work exactly?

2 points by ghostmatt ↗ HN
I am incorporating a Delaware C-corp. I am a solo founder (at the moment) So I will buy and own all of the stock of the company. So at the moment I don't need to file a 83B election right?

However later on, if I bring on a Co-founder who's equity will be subject to vesting. When that Co-founder comes on then they will have to file an 83B election?

Can someone please explain this in detail for me, for my situation? It would be greatly appreciated.

Thanks in advance !

2 comments

[ 4.6 ms ] story [ 19.3 ms ] thread
Consult an attorney.
Get a lawyer. I am not a lawyer, this isn't legal advice.

83b election needs to be filed within 30 days of receiving your stock / options grant. It basically allows you to pay the taxes on the newly purchased stock, upon granting, and start the clock on long-term capital gains. The downside is, if the stock goes to zero, you don't get any of that money back.

https://www.dwt.com/blogs/startup-law-blog/2020/10/section-8...