vesting, delaware, 83bI incorporated a Delaware C Corp with Clerky. Part of their incorporation process was to help me file and 83 b) election.
Months have past, and now that a new investor kicks in, I want to readjust the vesting schedules (to my advantage)
A lawyer told me that doing so will cancel the 83 b) election. But that sounds strange, when I filed it, I didn’t mention the vesting schedule to the IRS (at least I don’t recall doing so)
Is that true ?
If you’re accelerating vesting on shares already subject to vesting, it shouldn’t cancel your 83(b) election.
If you’re subjecting more shares to vesting (doesn’t sound like this is the case for you though), most attorneys would recommend just filing a new 83(b) election for those additional shares just to be safe (it’s a gray area).
All content is licensed under CC BY-SA 3.0.