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The $10 Million Tax Secret: 83(b) Election & QSBS Explained (Founder & Startup Employee Guide) 🤯💰

Are you a founder, early employee, or anyone receiving restricted stock (RS) or early-exercisable stock options? You have a 30-day clock ticking that could be the single most important tax decision of your career!

This video breaks down two of the most powerful tax provisions in the IRS Code—the Section 83(b) Election and the Section 1202 Qualified Small Business Stock (QSBS) exemption. Used correctly, this combination can potentially save you millions of dollars in taxes when your startup finally exits!

⏱️ Part 1: The 83(b) Election—The 30-Day Clock
What is it? We explain why the IRS typically taxes unvested stock when it vests (often when the value is high).

The Power of Prepayment: How the 83(b) election allows you to pay a small amount of ordinary income tax now (when your stock is nearly worthless) to avoid a massive tax bill later (when the stock is worth a fortune).

The Critical Deadline: Why you must file the 83(b) with the IRS within 30 days of receiving your restricted stock, and the irreversible consequences if you miss it.

Starting the Clock: Learn how the 83(b) election helps start your capital gains holding period much earlier.

💎 Part 2: Section 1202 QSBS—The $10 Million Tax-Free Exit
The Holy Grail: What is the Qualified Small Business Stock (QSBS) exemption, and how it allows eligible individuals to exclude up to $10 million (or 10x basis) of federal capital gains tax on the sale of stock.

The Requirements: We break down the key rules: The company must be a C-Corp, meet the $50 Million Gross Asset Test, and you must hold the stock for at least five years.

Key Disqualifiers: What types of businesses don't qualify (like professional services) and common pitfalls to avoid.

🛡️ Part 3: The Ultimate Tax Shield: QSBS + 83(b)
The Synergy: Discover why the 83(b) election is often a prerequisite for unlocking the full $10 million QSBS benefit, particularly by ensuring you meet the 5-year holding period requirement.

Case Studies: See the dramatic difference in tax liability between a founder who uses the combo and one who doesn't.


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🚨 Important Disclaimer:
I am not a Certified Public Accountant (CPA), financial advisor, or tax professional. This video is for educational and informational purposes only and is based on my understanding of the current IRS code. Tax laws are complex and constantly changing. You should always consult with a qualified tax professional before making any decisions regarding your equity, 83(b) election, or QSBS eligibility. Failing to file the 83(b) election correctly or on time can result in severe tax consequences.