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Subject:   83(b)
Date:   30 Mar 2001
From:   Srinivas

Michael:

I read the FAQ on your website and thanks for the valuable information.

How important is it to file the 83(b) within 30 days of purchasing the options? What are the consequences of late filing, if any, especially when there is not immediate tax consequences (the price paid and the fair market value are the same)?

Regards,

-Sri

Answer

Date:   Wed, 25 Jul 2001

Hello Srinivas,

In order to be effective, the Section 83(b) election must be filed on time, even if there are no immediate tax consequences. There is no procedure or rule for a late election.

Good luck!

Mike Gray

For more information about incentive stock options, request our free report, Incentive Stock Options - Executive Tax and Financial Planning Strategies.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, you are hereby advised that any written tax advice contained in this answer was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.