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ML BeneBits

Last week, the Internal Revenue Service (IRS) adopted final regulations under Section 83(b) of the Internal Revenue Code that eliminate the requirement that a copy of a Section 83(b) election be attached to the federal income tax return for the relevant transaction’s taxable year. These regulations were issued in proposed form in July 2015 and were adopted as final without modification. They are intended to simplify tax reporting, especially for taxpayers who file tax returns electronically, and are effective for transfers of property on or after January 1, 2016. However, for transfers of property on or after January 1, 2015, and before January 1, 2016, taxpayers may also rely on the proposed regulations, which are identical to the final regulations. Previously, we discussed the details of the now-adopted proposed regulation.