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4 replies

May 31, 2019
Instructions for Completing IRS Section 83(b) Form:  To make an 83(b) election you must complete the following steps within 30 days of your Award Date:
  1. Complete the IRS 83(b) form that has been provided to
  2. Mail the completed form to the IRS within 30 days of your Award Date (mail to the IRS Service Center where you file your taxes.
  3. Mail a copy of the completed form to your employer.
You must also attach a copy of the completed and filed form to your income tax return when you file your income taxes for
the year in which the election is made.  Report in TurboTax as Miscellaneous Income as "Other reportable income".
You can't add an attachment to an e-filed tax return, and the IRS accepts only certain forms sent separately and the 83(b) election isn't one of these. You'll can't e-file, and will have to print and mail your tax return along with the 83(b) election.

See IRS information re filing an 83(b) election at:  http://www.irs.gov/irb/2012-28_IRB/ar12.html










Level 2
May 31, 2019
"You'll can't e-file" should be "You can't e-file"
Level 2
May 31, 2019

I'm not a tax attorney, but my own research suggests the IRS got rid of its requirement to file the 83(b) with the return after this question was answered (http://www.taxlawroundup.com/2015/07/irs-eliminates-requirement-to-file-copy-of-section-83b-election...)

Level 11
May 31, 2019

you don't need to mail it to the IRS or do anything with it from 2016 forward The IRS eliminated the requirement to file a copy of the section 83b election with the tax return for 2016 tax year and going forward. You can e-file your return as normal. The IRS no longer needs a copy of the 83(b) election to be included with the tax return. Just keep it with your own, personal records.

**I don't work for TT. Just trying to help. All the best. . ***Say "Thanks" by marking as BEST ANSWER and clicking the thumb icon in a post and that I solved your question. **Mark the post that answers your question by clicking on "Mark as Best Answer" I am NOT an expert and you should confirm with a tax expert.
Level 2
May 31, 2019

If you need to file a copy or original 83b election please note that TurboTax would require that you pay for a printed copy of your return and that you have to then file via regular mail and not be able to e-file the return... VERY IMPORTANT. Take an extra 2 week buffer to file.

Level 2
May 31, 2019
You have until the due date to get your return postmarked. It is OK to mail on the due date but for your own protection don't use regular mail. Rather, you should use certified mail or USPS priority with tracking.