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Kwon: 83(b) election filing deadline is strictly 30 calendar days

Jason Kwon · Carolynn Levy And Panel (Jon Levy, Jason Kwon) - Startup Legal Mechanics · Y Combinator · Aug 29, 2018 · at 27:02

Jason Kwon, Y Combinator General Counsel, explains the mechanics and strict timeline requirements of Section 83(b) tax filings during a YC Startup School Q&A panel.

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“And the time period from when the 83 B election, the 30 day period that you have to make the filing, it starts from the day that you actually buy the stock. So that is a hard deadline. It includes calendar days. It's not a business day period. And if you miss it, there's really not much you can do about it.”

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The claim, plainly

The 30-day IRS Section 83(b) tax election deadline is measured in calendar days from the stock purchase date, and missing it leaves founders with very few remedies.

a quote alone can be ambiguous, so this restates it with the references and context of the conversation around it resolved. AI-written; the tape below the player is the source.

Assessment

Internal Revenue Code § 83(b)(2) and Treasury Regulation § 1.83-2(b) dictate that a Section 83(b) election must be filed within 30 calendar days of the property/stock transfer date (not business days). Because the 30-day requirement is statutory rather than regulatory, IRS administrative extension relief under Treasury Regulation § 301.9100 does not apply, leaving no IRS waiver, late-filing forgiveness, or standard extension procedures once the window has elapsed.

26 U.S.C. § 83(b)(2) mandates filing not later than 30 days after the date of transfer.
Treasury Regulation § 1.83-2(b) reinforces the 30-calendar-day deadline from the transfer date.
Because the deadline is enacted by statute, Treasury Regulation § 301.9100 administrative relief and reasonable-cause waivers cannot be granted by the IRS for late filings.

Checked against

[1] facebook.com [2] cornell.edu [3] ecfr.gov [4] otterz.co [5] theventurealley.com [6] 83belectiondesk.com [7] irs.gov [8] reddit.com

IRC section 83 b 2 "30 days" "26 CFR 1.83-2" "30 days" election "Section 83(b)" "30 days" "calendar days" IRS late relief "Section 83(b)" late filing relief 9100 relief IRS

assessed as of 2026-09-05

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Mentioned

83(b) election Internal Revenue Service

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Jason Kwon Aug 29, 2018 ▶ 38:56 Carolynn Levy And Panel (Jon Levy, Jason Kwon) - Startup Legal Mechanics · Y Combinator

Kwon: 83(b) election filing deadline is strictly 30 calendar days

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