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Also, if you early exercise your shares, do not forget to file an 83(b) election within 30 days of your exercise. This also applies if you end up founding a company or are issued restricted stock awards.



If I understand the question correctly, and it's about what to do when leaving the company, 83(b) is unnecessary. An 83(b) election says that you are choosing to recognize paper gains today that the IRS would normally require you to recognize when they are no longer subject to a substantial risk of forfeiture. If he's leaving, he must be exercising vested options, so there is no risk of forfeiture, so no need for 83(b).

An 83(b) election is critical for unvested stock, i.e. "early exercise".


Surpiringly just one mention of the 83(b) process in this fairly well populated thread. Here's a good explanation of why you must know this to avoid a huge tax bill in case of your stock options becoming valuable some day. https://www.cooleygo.com/what-is-a-section-83b-election/




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