File Section 83(b) elections as a non-US founder
83(b) elections
Stripe isn’t an accounting firm and can’t provide tax or accounting advice. Consult legal and tax professionals for advice on how to meet ongoing legal, tax, and accounting obligations that apply to you and your company.
The 83(b) election is a US tax provision that could reduce your future US taxes. If you expect to owe US taxes (for example, by moving to the US) while your shares are vesting, consider making an 83(b) election. If you file an 83(b) election, you must file within 30 days of your stock purchase date.
The 83(b) election requirements include having a US taxpayer identification number. A US taxpayer identification number can be either a Social Security Number (“SSN”) or a US Individual Taxpayer Identification Number (“ITIN”). If you don’t have an SSN, you can apply for an ITIN. ITINs are similar to SSNs but available only to people who aren’t eligible for an SSN, such as non-US residents.
If you don’t have an ITIN at the time of filing the 83(b) election, you can state in the election that you’re in the process of obtaining an ITIN and apply for an ITIN. While some tax professionals advise you to obtain an ITIN soon after you submit your 83(b) election, many other tax professionals believe that you don’t need to obtain an ITIN until you know you must move to the US during your shares’ vesting period. We recommend you consult with your tax adviser with respect to whether and when to obtain an ITIN.