83(b) election and efiling

I suspect Screen 46, codes 167 and 168, would be the place to "write your own election" about 83(b). Any elections entered into Screen 46, will indeed carry to the e-file.

We haven't had any issues efiling returns where there was an 83b election made. I'm a little confused as to why you would want to send in the election with the return. The election should have been sent in when the the options were received. I believe (quoting from memory) that the election has to be submitted within 30 or 60 days. If you are trying to make an election for a 2007 return, you are way too late to do this.

When trying to explain that you previously filed the election, it should be sufficient to add a statement in the return. You shouldn't need to attach additional documentation because the IRS should have already received all the other documentation.

Yes – the election must be filed with the IRS within 30 days after the property was transferred however the regs further state that a copy shall be submitted with the tax return. (The election needs to be signed by the taxpayer so I’m guessing that screen 46, codes 167 and 168 is not an option.)

“1.83-2(c) Manner Of Making Election.

The election referred to in paragraph (a) of this section is made by filing one copy of a written statement with the internal revenue office with whom the person who performed the services files his return. In addition, one copy of such statement shall be submitted with this income tax return for the taxable year in which such property was transferred.”