Early exercise plus 83(b): how they work together

Early exercise without an 83(b) election is usually worse than not exercising at all.

Why they pair

Early-exercised shares are unvested restricted property. Without an election, you are taxed on the spread at every vesting date; with one, you are taxed once, on a spread that is often zero.

The zero-spread sweet spot

Exercising immediately after grant, when strike equals fair market value, means an 83(b) election reports no income and starts the long-term clock at essentially no tax cost.

Sequence and paperwork

Sign the early exercise agreement, pay the strike, then file the 83(b) within 30 days of the purchase date and keep the receipt with your permanent tax records.

Educational content, not tax advice. Your outcome depends on your grant documents, income and state. Equity Tax Engine models your actual position — join the waitlist.

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