How do I include an 83b?

[Nada]

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

[andrewcoyle55]

"You'll can't e-file" should be "You can't e-file"

[andrewcoyle55]

I e-filed in Turbo Tax without the knowledge that I need to file an 83(b). How do I amend my taxes and send it through the mail in Turbo Tax?

[realtime]

+1 andrewcoyle55, I have the same question!

[kmrearick]

The income should have been included in a W-2 or 1099.  That's why you have to provide a copy to the employer.

[travisn]

What does "Report in TurboTax as Miscellaneous Income as "Other reportable income"" mean? I have not had any income yet, only having to 'buy' my shares.

[mail]

These instructions do not make sense in the interface for this year, unless I'm missing something.

[ameyers3727]

I have spoken to accountants and there are updated developments here.   I'm not certain you have to attach the 83b election letter to your tax return if you sent the letter to the IRS within the 30 day window of receiving the property.   See this link:  <a rel="nofollow" target="_blank" href="http://www.natlawreview.com/article/irs-proposes-eliminating-requirement-section-83b-elections-be-fi...>

[sniemczyk]

Does anyone have a definitive answer whether this rule is in effect?  I saw the proposed change but no word whether the proposed rule change has been adopted...

[ameyers3727]

I spoke to my CPA and he said you can rely on this, especially if you made sure to submit the letter within the 30 day period.  Again, I would talk to a CPA and don't just take my word for it.   But if a CPA is advising clients to rely on it, then that should be one data point for you.

[jrcartmell]

This is crazy.  So in NY I can't send in my state return on paper, I have to file it electronically, but I can't file it electronically with TurboTax since I can't file my federal electronically as I have to include the 83b form.  I guess I could file both electronically and then send in an amended federal return with the 83b form attached...

[ameyers3727]

Here's another link that seems to indicate that attaching another copy of the election to your tax return is not required:   <a rel="nofollow" target="_blank" href="http://www.taxlawroundup.com/2015/07/irs-eliminates-requirement-to-file-copy-of-section-83b-election...>

[quantumquark]

This answer is not correct as of February 2017. You DON'T need to attach a copy with your tax returns. You can e-file.

[jeffhunt]

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...)