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Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 3190
Experience:  18+ years of experience in tax preparation; 25+ years of experience as a real estate/corporate paralegal.
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I filed an 83b election on time. I had a return receipt indicating

Customer Question

I filed an 83b election on time. I had a return receipt indicating the IRS received it, but lost that along with a copy of the election itself. What do I do? I didn't file it in my tax return for that year.
Submitted: 4 years ago.
Category: Tax
Expert:  Barbara replied 4 years ago.

bkb1956 :

Thank you for allowing me to be of service to you regarding your tax question. Since you do not have the return receipt for your 83b election or the copy of the election itself, your only recourse at this point would be to contact the IRS to determine if they have the 83b election on file. If so, explain your circumstances and request a copy of it for your records.

JACUSTOMER-ge5rfsf1- :

How do I request such a copy? I've tried that but haven't heard back.

JACUSTOMER-ge5rfsf1- :

In other words, I sent a letter to the service center I originally sent the 83b to with a model form of it plus all my ssn and personal details. How to get a copy is what I'd like to know.

bkb1956 :

Unfortunately, the only way to get a copy is to call the IRS and speak to an agent. Confirm that the IRS received your 83b election and request a copy for your records. Since there are only 14 days left until the end of tax season, the hold times will be quite extensive when you call the IRS, but it will be worth the wait to receive confirmation from them.

JACUSTOMER-ge5rfsf1- :

They can't confirm it. There is no record in one's tax summary that they can look at that indicates an 83b.

bkb1956 :

In your situation, because the IRS cannot confirm its receipt of the 83b election, you make the 83(b) election on your 2012 taxes. When you sell the stock, you receive long term capital gain treatment. There is nothing on the tax form that even says that the stock was sold under an 83(b) election. Another alternative might be to get in touch with the post office where you mailed the 83b election by certified mail, give them a date range of when you think you sent it, and see if they can trace your certified mail to the IRS and provide you with a copy of the receipt. It's a long shot, but there may not have been many people that sent a certified mail envelope to the IRS on the same day you did. It's worth a try. I've had my local post office track ordinary letters that I've mailed out that were "lost," and the post office was able to confirm that I did mail them.