Friday, July 29, 2016

Property Received For Services Rendered? No More Section 83(b) Filing Requirement

Individuals who receive property related to the performance of services and choose to include the value in their income no longer have to file a copy of the written election statement with their tax returns, the IRS said in final regulations issued on July 25.  The regulations, contained in T.D. 9779, make no changes to proposed rules (REG-135524-14) issued in July of last year.
Under Section 83(b), a taxpayer who provides services and received payment in the form of property may make an election to include in income, as ordinary income the fair market value of the property on the date of the election.  Under the final regulation, no written election statement needs to be filed.  Previously, the statement had to be filed with the IRS no later than 30 days after the date of the transfer.
The final regulations apply to property transferred on or after Jan. 1, 2016. For property transfers in 2015, taxpayers can also rely on the guidance on the final regulations, the IRS said.
A copy of T.D. 9779 is available here.

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