File Section 83(b) elections as a non-US founder

If you live outside the US but file US tax returns, startup lawyers recommend making a Section 83(b) election because it might save you on future US taxes.

If you currently don’t file US tax returns but might become a US taxpayer in the future, it’s important to make a Section 83(b) election. Failing to do so could lead to additional US tax liability when your stock vests.

If you’re not a US taxpayer and don’t plan to become one, making a Section 83(b) election is unnecessary as it only impacts US tax liability.

The IRS requires a US Taxpayer Identification Number (TIN) at the time of filing. Use either your Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). If you don’t have either when you incorporate with Stripe Atlas, Stripe informs the IRS that you are a non-US taxpayer, and you intend to apply for an ITIN after you become a US taxpayer. Consult a tax advisor to determine if and when you should get an ITIN.

Atlas files 83(b) elections for all C-corp founders. LLC founders don’t need to file an 83(b) tax election, as equity in an LLC created with Atlas doesn’t vest.