Can I unexercise options after filing an 83(b) election?
July 27, 2001
Subject: ISO unexercise question
Date: Tue, 3 Apr 2001
From: Srin
Dear Mr. Gray,
Thank you very much for your very informative website.
I have early exercised my unvested ISO’s and also filed form 83B.
Can I unexercise (withdraw exercise) some of those options? If so, is there a time period between exercise and unexercise, and do I need to file something with the IRS?
Thank you.
Srin
Answer
Date: Wed, 25 Jul 2001
Hello Srin,
I’m sorry, but the Section 83(b) election is irrevocable.
The election can only be revoked with the consent of the IRS, which isn’t likely.
Good luck!
Mike Gray