Our sister blog, Start-Up Bryan Cave, recently posted about when and why to use the an 83(b) election. The post has a good discussion of the advantages and disadvantages.
One item it does not mention is the company’s deduction, which is taken if and when the 83(b) election is made. In the absence of an election, the deduction occurs when the property vests.
Of course, for the company to take the deduction, it has to know that the election has been made. Even though the IRS rules require the recipient to give a copy to the company, another valuable planning point is to make sure that the agreement itself also requires the recipient to provide a copy of the election to the company.