Yes and no. > It is a common misconception, but a Section 83(b) election generally cannot be made with respect to the receipt of a private company stock option

Yes and no. > It is a common misconception, but a Section 83(b) election generally cannot be made with respect to the receipt of a private company stock option. You must exercise the option first and acquire the stock before you can make a Section 83(b) election, and you would only make a Section 83(b) election in that instance if you exercised the option and acquired unvested stock (if the stock acquired on exercise of the stock option was vested, there would be no reason to make a Section 83(b) election). Source: http://www.startuplawblog.com/section-83b/ http://www.startuplawblog.com/section-83b/