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6 Things Startups Need to Know About Equity Compensation
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6 Things Startups Need to Know About Equity Compensation


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6 Things Startups Need to Know About Equity Compensation

6 Things Startups Need to Know About Equity Compensation

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  • 1. 6 Things Startups Need to Know About Equity Compensation 1. Restricted stock generally has better tax consequences for founders and early-stage employees, but you must timely file an 83(b) election to get the desired tax treatment. 2. 83(b) elections should be filed with the IRS within 30 days of the date the equity is granted by your company’s board of directors. 3. For tax reasons, equity grant options should be made at the fair market value of the underlying stock at the time of the grant. 4. IRS rules impose a $100,000 annual limit on vesting of incentive stock options. 5. Investors and potential acquirers will want to know that you have properly addressed any 409A issues in connection with each grant of equity that you make. 6. All equity grants (whether restricted stock or options) must be approved by the board of directors and properly documented. Questions? Email: Emerging Company Practice QuickStart Program Wilmer Cutler Pickering Hale and Dorr llp is a Delaware limited liability partnership. WilmerHale principal law offices: 60 State Street, Boston, Massachusetts 02109, +1 617 526 6000; 1875 Pennsylvania Avenue, NW, Washington, DC 20006, +1 202 663 6000. Our United Kingdom offices are operated under a separate Delaware limited liability partnership of solicitors and registered foreign lawyers authorized and regulated by the Solicitors Regulation Authority (SRA No. 287488). Our professional rules can be found at A list of partners and their professional qualifications is available for inspection at our UK offices. In Beijing, we are registered to operate as a Foreign Law Firm Representative Office. This material is for general informational purposes only and does not represent our advice as to any particular set of facts; nor does it represent any undertaking to keep recipients advised of all legal developments. Prior results do not guarantee a similar outcome. © 2013 Wilmer Cutler Pickering Hale and Dorr llp Attorney Advertising