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New Member
posted May 31, 2019 4:48:11 PM

How do I include an 83b?

0 17 16263
17 Replies
New Member
May 31, 2019 4:48:12 PM

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










New Member
May 31, 2019 4:48:14 PM

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

New Member
May 31, 2019 4:48:16 PM

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?

New Member
May 31, 2019 4:48:16 PM

+1 andrewcoyle55, I have the same question!

New Member
May 31, 2019 4:48:18 PM

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

New Member
May 31, 2019 4:48:21 PM

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.

New Member
May 31, 2019 4:48:22 PM

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

Level 3
May 31, 2019 4:48:25 PM

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-filed-federal-income">http://www.natlawreview.com/article/irs-proposes-eliminating-requirement-section-83b-elections-be-filed-federal-income</a>

New Member
May 31, 2019 4:48:25 PM

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...

Level 3
May 31, 2019 4:48:28 PM

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.

New Member
May 31, 2019 4:48:29 PM

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...

Level 3
May 31, 2019 4:48:31 PM

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-with-tax-return/">http://www.taxlawroundup.com/2015/07/irs-eliminates-requirement-to-file-copy-of-section-83b-election-with-tax-return/</a>

New Member
May 31, 2019 4:48:33 PM

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.

New Member
May 31, 2019 4:48:33 PM

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 10
May 31, 2019 4:48:35 PM

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.

New Member
May 31, 2019 4:48:37 PM

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.

New Member
May 31, 2019 4:48:39 PM

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.