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ypzhang2 | 1 year ago
You are talking about single trigger RSUs with only time based vesting.
Also a 83b means you pay taxes at the time of issuance rather than vesting. If these folks received their shares post founding, that means that there might be substantial tax burden for them when they received these shares if a 83b was filed. This is why most folks do not opt for a 83b after a substantial FMV has been established for their shares. This is also why double trigger RSUs are popular, so you can actually execute sell-to-cover.
ryanackley|1 year ago
Essentially, their price is set at FMV at the time of issuance. Since your net is zero at the time of issuance, you pay no taxes until there is a liquidity event and you can pay to cover.
Since this happened to me at two unrelated companies, I imagine it's a very common structure because it follows common sense and it works out great for everyone.
FreakLegion|1 year ago
RSUs are stock. When you get them, you pay tax on their value at income rates. To deal with this you can delay actually getting the RSUs (e.g. double-trigger vesting, common), or the company itself can provide liquidity for taxes (e.g. Carta's net settlement program, not common).
Either way, 83(b) elections don't apply. They do apply to RSAs and options with early exercise, so maybe you had one of those.
My experience here is as a founder who's spent entirely too many hours with lawyers trying to engineer the most employee-friendly stock plan possible.