How long do I have to file a Section 83(b) election?

You must file with the IRS no later than 30 days after the date the property is transferred to you. The deadline is generally measured in calendar days and is not extended for weekends or holidays.

Where do I send the Section 83(b) election?

File with the IRS service center where you file your federal income tax returns, provide a copy to your employer (or the person for whom you perform services) as required by Treasury Regulation §1.83-2, and attach a copy to your Form 1040 for the year of transfer.

Can I file an 83(b) election for RSUs?

Generally no—classic RSUs do not involve a transfer of stock at grant in the same way as restricted stock, so there is often nothing to elect on at grant. Confirm your specific award type with your employer and tax advisor.

What proves I filed on time?

Keep proof of mailing or delivery (certified mail, tracked courier) and duplicate copies of the signed election. Employers may also acknowledge receipt—keep those emails.

Does Form 15620 replace a custom letter?

IRS Form 15620 is a standard format, but a compliant signed statement can also work if it includes all required facts under Treasury Regulation §1.83-2. Many taxpayers use Form 15620 for clarity.

Is the 83(b) election revocable?

No—once a valid election is made for the transfer, it is irrevocable. Model downside scenarios (forfeiture, company failure) before filing.

How to File a Section 83(b) Election Within 30 Days: IRS Checklist

Key Takeaways

30 calendar days from transfer—count carefully; no IRS extension for late elections

File with the IRS service center where you file returns; certified mail recommended

Send a copy to your employer (or person for whom you perform services) as required by Treas. Reg. §1.83-2

Attach a copy to your federal income tax return for the year of transfer

Restricted stock and early-exercised unvested shares are common use cases—RSUs are not eligible for 83(b)

Executive Summary

Quick Answer

How do I file a Section 83(b) election on time?

Within 30 days of receiving restricted stock (or other property taxed under Section 83), sign and date a written election that states you elect under Section 83(b), describes the property, and gives FMV, amount paid, and restrictions. File the original with the IRS (service center for your returns), give a copy to your employer, and attach a copy to your tax return for the year of transfer. Use certified mail or another proof of mailing for the IRS copy.

Source: Treasury Regulation §1.83-2

This guide is the operational companion to our strategic overview in Section 83(b) Election: A Strategic Tax Decision. Here the focus is how to file—not whether you should. The IRS does not grant extensions for the 30-day window; treat the deadline as a hard stop.¹

The bottom line: Prepare your election package before you accept the shares so you are not scrambling on day 29. Keep proof of mailing and identical copies for your records.

Who This Applies To

Situation	Typically eligible for 83(b)?
Restricted stock at grant (subject to vesting)	Yes—if you file within 30 days of transfer
Early exercise of options with unvested stock	Often yes—election due within 30 days of share transfer
RSUs (no actual stock at grant)	No—there is generally nothing to transfer at grant for a classic RSU
Public company RSAs	Case-by-case—confirm property is transferred under Section 83

If you are unsure whether your award is restricted stock versus RSUs, read your grant and confirm with stock admin before the transfer date.

The 30-Day Rule (Calendar Days)

The clock starts on the date property is transferred to you—not the date your board approves the grant, and not your hire date.²

Practical tips:

Time zones: Use the date of transfer in your plan documents; if ambiguous, confirm with your company.
Weekends/holidays: The 30th day can fall on a weekend—mail early; do not rely on “next business day” safe harbors that are not in the regulations.
Proof: Certified mail, FedEx with signature, or other trackable delivery to document timely filing.

What Must Be in the Election

Treasury Regulation §1.83-2 requires that the election include:³

Your name, address, and taxpayer identification number (SSN or ITIN).
A description of the property (e.g., number of shares, company name, class).
The date the property was transferred and the taxable year for which you are electing.
The restrictions on the property (e.g., vesting schedule, repurchase right).
The fair market value at transfer without regard to restrictions (subject to valuation rules).
The amount paid for the property.
A statement that you have provided copies to other persons as required.

The IRS publishes Form 15620 as a convenient format—you can use it or a compliant letter.⁴

Where to File

File the election with the Internal Revenue Service center where you file your individual federal income tax returns. Regulations also require you to provide a copy to the person for whom you performed services (typically your employer).⁵ Attach a copy to your Form 1040 for the year of transfer.

Nonresident aliens and ITIN applicants: confirm address and TIN instructions with your preparer—filing mechanics are the same conceptually, but cover letters help when TIN is pending.

Sample Structure (Illustrative Only)

Your preparer may use language such as:

Under Section 83(b) of the Internal Revenue Code, the undersigned hereby elects to include in gross income as compensation the excess of the fair market value of the property over the amount paid, as of the date the property was transferred: [description]. The property is subject to the following restrictions: [summary]. FMV determined as $X per share; amount paid $Y; shares: Z.

Do not copy blindly—values and facts must match your grant.

Common Mistakes

Mistake	Consequence
Mailing on day 31	Election generally invalid—no equitable relief for late 83(b) in most cases
Wrong FMV	Income and basis errors; audit adjustments
No employer copy	Technical noncompliance—fix procedures with counsel
Confusing RSU with stock	RSU at grant is usually not a Section 83 transfer of shares

Section 83(b) Election: A Strategic Tax Decision — economics and risk
Early Exercise Strategies — when early exercise is on the table
How to Read Your Equity Grant — definitions

Footnotes

Disclaimer: This article is for education only and is not tax, legal, or financial advice. Section 83(b) elections are irrevocable and can increase near-term tax. Consult a qualified CPA, enrolled agent, or tax attorney before filing.

See Treas. Reg. §1.83-2 for timing and content rules. ↩
Transfer date is a facts-and-circumstances determination under Section 83. ↩
Treas. Reg. §1.83-2(e), (f). ↩
IRS Form 15620. ↩
Service center and copy rules in Treas. Reg. §1.83-2. ↩