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83(b) election: how to file Form 15620 within the 30-day deadline

An 83(b) election is a one-page filing that lets you pay tax on restricted stock when you receive it, not when it vests. As of October 2026, you make it with IRS Form 15620 (or an equivalent signed statement), mailed to the IRS no later than 30 days after the shares are transferred to you, with a copy to your company. Miss the 30 days and the election is gone for that grant.

Not tax advice. This page summarizes the Internal Revenue Code, Treasury regulations and IRS forms as of October 2026. Whether an 83(b) election makes sense for you depends on your facts. Talk to a qualified tax professional before you file.

What an 83(b) election does

Under Internal Revenue Code section 83, stock you receive for services that is still subject to vesting (a "substantial risk of forfeiture") is normally taxed as it vests. Each time a tranche vests, you report its value at that moment, minus what you paid, as ordinary compensation income.

Section 83(b) lets you choose the opposite timing: you report the difference between the stock's fair market value and the price you paid in the year of the transfer. According to IRS Publication 525, once you make the choice, later growth in value is generally not taxed as compensation when the shares vest, and your basis is what you paid plus what you included in income.

That is why founders who buy their shares at a nominal price usually look at this election right after incorporating: when the price paid equals the fair market value, the income reported at the time of transfer can be zero.

The 30-day deadline

The statute says the election must be made "not later than 30 days after the date of such transfer." Treasury Regulation 1.83-2(b) repeats the 30-day limit and also allows filing before the transfer date.

• Start the count the day after the transfer. Count 30 calendar days after the date the stock was transferred to you, usually the date in your stock purchase or restricted stock agreement, not the date you received paperwork.
• Weekends and holidays. The Form 15620 instructions apply IRC section 7503: if the 30th day falls on a Saturday, Sunday or legal holiday, a postmark on the next business day is treated as timely.
• Example. Shares transferred on Friday, October 16, 2026 reach day 30 on Sunday, November 15, 2026, so a postmark on Monday, November 16, 2026 would still count.
• No late filing. Neither the statute nor the regulation provides an extension. Plan to mail well before day 30.

What Form 15620 asks for

The IRS released Form 15620, Section 83(b) Election, so filers no longer have to draft their own statement. The revision current as of October 2026 is dated April 2025. Using it is optional: the instructions say you can instead file a written statement that meets Treas. Reg. 1.83-2. The form has nine boxes plus a signature line:

1. Box 1: your name, taxpayer identification number (TIN) and address.
2. Box 2: a description of the property and quantity, for example a number of shares of a named class of common stock of your company.
3. Box 3: the date the property was transferred.
4. Box 4: the taxable year of the election, which is the year that includes the transfer date (for most individuals, a calendar year).
5. Box 5: the restrictions, such as the forfeiture or company repurchase terms of your vesting schedule.
6. Box 6: fair market value per share, quantity and total value at transfer, measured without regard to restrictions that will lapse.
7. Box 7: price paid per share, quantity and total price paid.
8. Box 8: the amount to include in gross income: Box 6(c) minus Box 7(c).
9. Box 9 (optional): name, TIN and address of the company you provide services to.

By signing, you declare under penalties of perjury that the information is true and agree to give copies to the service recipient and, if different, to the transferee of the property.

Where to file: mailing address and online options

The Form 15620 instructions say to submit the signed form to the IRS by mail, to the IRS office where you file your federal income tax return. Publication 525 is more specific: mail it to the address listed for your state for returns that are requesting a refund or not enclosing a check or money order, as shown in the Form 1040 instructions. The IRS keeps those addresses on its where to file paper tax returns page, organized by state. Check it on the day you mail, because addresses change.

The form instructions describe mailing only. If a service advertises online 83(b) filing, check how it actually delivers the election to the IRS and what proof of the mailing date it gives you.

Proof of mailing

Under IRC section 7502, a document delivered by US mail is treated as filed on its postmark date if it was properly addressed and mailed on time, and registered mail is prima facie evidence of delivery. Section 7502 also covers certified mail through regulations and IRS-designated private delivery services. In practice, many filers use USPS Certified Mail with a return receipt and keep the stamped receipt.

Copies you need to send and keep

• A copy to the company you provide services to, required by Treas. Reg. 1.83-2(d).
• A copy to the transferee of the property, if that is someone other than you.
• A complete copy for your own records, with the mailing receipt.

Since property transferred on or after January 1, 2016, the regulation no longer requires attaching a copy of the election to your income tax return (the change came in T.D. 9779).

Step-by-step filing checklist

1. Confirm the transfer date in your stock purchase or restricted stock agreement and mark day 30.
2. Get the per-share fair market value at transfer and the price you paid from the company's records.
3. Complete Form 15620 Boxes 1 to 8 (Box 9 is optional) and sign and date it.
4. Make copies for the company, any separate transferee and yourself.
5. Look up the IRS mailing address for your state on the "not enclosing a payment" list.
6. Mail it with proof of the mailing date, before the deadline.
7. Deliver the company copy and file the receipt with your records.

Worked example: founder stock at par value

The numbers below are hypothetical and only show how the boxes work.

A founder buys 4,000,000 shares at $0.0001 per share, paying $400, with four-year vesting. Assume the company's records support a fair market value of $0.0001 per share at the time of purchase.

• With an 83(b) election: Box 6(c) is $400, Box 7(c) is $400, so Box 8 is $0. Nothing is added to income for the year of transfer, and the vesting events later are not compensation events.
• Without an election: suppose 1,000,000 shares vest a year later when the stock is worth $1.00 per share. The founder would report 1,000,000 × ($1.00 − $0.0001) = $999,900 as ordinary compensation income for that year, and the same rule would apply to every later tranche at its value when it vests.

The trade-off runs the other way as well. Section 83(b) says no deduction is allowed if you later forfeit the stock, and Publication 525 limits the loss to what you paid minus what you got back. If the stock is worth much more than you pay, the election can mean paying tax up front on value you might never keep.

Founders without a Social Security number

Form 15620 asks for a TIN, which can be an SSN or another IRS-issued taxpayer identification number. As of October 2026, neither the form instructions nor the regulation says how to file without one, and the statute makes no exception to the 30-day limit for people still waiting for a number. Non-US founders should get advice from a cross-border tax professional before the deadline rather than after it.

Revoking an election

An election can be revoked only with IRS consent. Treas. Reg. 1.83-2(f) limits consent to a mistake of fact about the underlying transaction, requested within 60 days of discovering it; a mistake about value or a later drop in value does not qualify. The Form 15620 instructions also point to Revenue Procedure 2006-31. The election is not available for stock options, according to Publication 525.

For more on early-stage equity, see our Founders and Funding coverage. Founders incorporating ahead of a program can also check our list of startup accelerator application deadlines.

Frequently asked questions

Can I file an 83(b) election online?

As of October 2026, the Form 15620 instructions tell filers to submit the signed form to the IRS by mail. Check IRS.gov before filing in case a new electronic option has been announced.

What is the Form 15620 mailing address?

Mail it to the IRS office where you file your federal return. Publication 525 points to the address for your state on the "not enclosing a payment" list in the Form 1040 instructions.

Do I have to use Form 15620 for an 83(b) election?

No. The IRS says you can file Form 15620 or a written statement that contains everything Treas. Reg. 1.83-2(e) requires, signed and stating that it is made under section 83(b).

Do I still attach the 83(b) election to my tax return?

Not for property transferred on or after January 1, 2016. The 2016 amendment to Treas. Reg. 1.83-2 removed that requirement, though you still keep a copy and give one to your company.

What happens if I miss the 30-day deadline?

The election cannot be made for that transfer, and the stock is taxed under the normal rule as it vests. Neither the statute nor the regulation provides a late-filing option.