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What is an 83(i) Election?

ReferenceAdvanced1 min readBy Kris BarneyUpdated May 29, 2026

An 83(i) election was introduced in 2017 as part of the Tax Cuts and Jobs Act. When requirements are met, an employee at a privately held company with an NSO or RSU may elect to defer federal income tax on the NSO exercise or RSU settlement for up to 5 years.

While attractive in theory, due to the restrictions and limitations it is very rarely utilized in practice. For more details we recommend visiting: Pillsbury Law: IRS Issues 83(i) Guidance

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Back to AcademyUpdated May 29, 2026