This article describes how Atlas automatically files 83(b) tax elections for C-corp founders (included in the initial Atlas incorporation fee). This article was last updated in September 2024.
The section 83(b) election lets the IRS know that you’d like to be taxed on your equity on the date the equity was granted to you rather than on the date the equity vests. If you are currently a US taxpayer or plan to become one in the future while your equity is vesting, this filing could save you a significant amount on future taxes. Each founder must file their own 83(b) tax election.
83(b) elections must be filed within 30 calendar days of when each founder purchases their shares in the company. 83(b) election filings are considered on time if they are postmarked - in other words, when the United States Postal Service first makes a record that they received the letter and generates tracking information. The postmark date is sufficient to consider the filing “on time”, even if it’s not delivered to the IRS by the 30 day deadline.
For accounts created after July 2024, Atlas now files 83(b) elections for all C-corp founders. LLC founders do not need to file an 83(b) tax election, as equity in an LLC created with Atlas does not vest.
No. Though the 83(b) election requires that each founder provides a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) if they have one, you can file an 83(b) election even if you do not have a US tax ID.
If you have an SSN or ITIN, we’ll pre-fill this on your 83(b) election form. If you don’t have either type of tax ID, Atlas will still file an 83(b) election for you, so that in the event you become a US taxpayer during the vesting period, you are covered. If you plan to become a US taxpayer in the future, you can still file this election when you incorporate with Atlas and apply for an ITIN later. You do not need to provide an ITIN to file an 83(b) election.
Founders who wish not to file an 83(b) election should not use Atlas to incorporate.
Your 83(b) election will be filed within 10 business days of your share purchase (which happens right after you incorporate), well before the 30 day deadline for filing.
Once USPS has received your filing, you’ll receive a USPS tracking number. We’ll email you with important updates, and you can track your filing’s progress in the Atlas dashboard or on the official USPS website.
The 83(b) election deadline is calculated based on when your letter is postmarked (ie. mailed), so no need to worry about when it is delivered.
In addition to the proof of 83(b) election filing provided by Atlas, tax experts suggest taking a screenshot of the official USPS tracking information to prove that your 83(b) election was filed on time. In the unexpected case of an IRS audit, you can use both the 83(b) proof of filing and the screenshot as evidence that you filed your 83(b) election on time. Make sure it includes your tracking number, and the ‘Accepted at USPS Regional Origin Facility’ status.
It’s important to take your screenshot soon after your 83(b) election is postmarked, because the USPS only retains tracking details for 2 years. Your proof of filing document provided by Atlas will always be available in the Atlas dashboard. Users will now see this screenshot task in the “What’s Next?” section of their Dashboard after they receive their EIN.
If you live in a community property state (AZ, CA, ID, LA, NV, NM, TX, WA, WI), we suggest you inform your spouse about your 83(b) election filing. Treasury regulations don't require a spousal signature for a valid 83(b) election, and your election is valid without it. However, if you and your spouse disagree over the tax treatment of your shares, you could be responsible for your spouse's lack of knowledge about the election. As always, consult a tax professional for advice specific to your situation.