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Comment by xenadu02 | Hacker News Reader

IIRC 83(b) on options is not available unless the company allows you to pre-exercise the options to turn them into shares prior to vesting.

So the vast majority of startup employees don't have the fancy tax-avoiding scheme that founders and investors have.

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The only downside of early exercise I can see for the company is accounting for the cash and being ready to buy-back unvested shares as-needed. Since the tax implications are potentially massive for the employee, and we're talking de-minimis work for the employer, early exercise should be a standard term on all ISO contracts. I see this as an educational opportunity for Founders, and if you see a contract without early exercise I certainly wouldn't hesitate to question it.

Early exercise is great for the majority of situations. The 100k limit for ISO options can be a potential downside. If there is a spread between the strike price and the FMV, only the first 100k worth of shares will be considered ISOs and the rest will be treated as NSOs. In the case of no early exercise, you could get 100k of ISOs per year for the 4 years.

> So the vast majority of startup employees don't have the fancy tax-avoiding scheme that founders and investors have.

Investors never have vesting on their shares so 83(b) has nothing to do with the preferred stock investors receive. Founders of course do often have vesting and can benefit from filing an 83(b).

Sadly yes I think that is right

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