Section 83(b) Election Tax Calculator

A Section 83(b) election lets you pay ordinary income tax on restricted stock at grant rather than at vesting. If the shares appreciate before vesting, electing can cut your ordinary income tax and shift later gains to capital gain treatment, but you pay now on value you may forfeit. This calculator compares the ordinary income tax of electing at grant against the tax of being taxed on the full value at vesting, using the share count, prices, and ordinary tax rate you enter. The election must be filed within 30 days of grant.

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Section 83(b) formula

Income at grant = (grant FMV - price paid) * shares
Tax with 83(b) = income at grant * (ordinary rate / 100)
Income at vesting = (vesting FMV - price paid) * shares
Tax at vesting = income at vesting * (ordinary rate / 100)
Election tax savings = tax at vesting - tax with 83(b)

The bargain element is the spread between fair market value and the price paid. Electing fixes ordinary income at the grant-date spread; without electing, income is the larger vesting-date spread.

Section 83(b) context

  • The election must be filed with the IRS within 30 days of the property transfer; the deadline is strict.
  • It only helps when the stock is expected to appreciate between grant and vesting.
  • If shares are forfeited, tax paid under an 83(b) election is generally not recoverable.
  • After electing, the capital-gains holding period starts at grant rather than at vesting.
  • This tool covers ordinary income tax only; model later capital gains separately.

Section 83(b): frequently asked questions

What is a Section 83(b) election?

Under Internal Revenue Code Section 83(b), a recipient of restricted property (such as unvested stock) can elect to be taxed on its value at the time of grant rather than at vesting. The election must be filed with the IRS within 30 days of the transfer. It can reduce ordinary income tax if the stock appreciates before vesting, shifting future gains to capital gain treatment.

How is the tax at grant calculated?

With an 83(b) election, ordinary income equals the fair market value at grant minus any amount you paid for the shares, multiplied by the number of shares. That bargain element is taxed at your ordinary income tax rate in the grant year. This calculator multiplies the per-share spread by share count and your ordinary rate.

What happens if I do not make the election?

Without an 83(b) election, you recognize ordinary income as the stock vests, based on the fair market value at each vesting date minus what you paid. If the stock rises in value between grant and vesting, your taxable income (and tax) is higher. This calculator estimates the tax at vesting using the vesting FMV you enter.

What are the risks of an 83(b) election?

You pay tax now on value you may never realize. If the company fails or you forfeit unvested shares, you generally cannot recover the tax already paid. The election is also irrevocable. Weigh the potential tax savings against the risk that the shares lose value or are forfeited.

Does this calculator include capital gains?

No. It compares only the ordinary income tax at grant (with an election) versus at vesting (without one). After an 83(b) election, future appreciation is generally taxed as capital gain when you sell, and the holding period starts at grant. Model the eventual sale separately with a capital gains calculator.

Official sources

Reviewed by the CalculatorHub team, edited by James Graham, 17 June 2026. See our methodology.