83(b) election for a non-US founder: hard stops
A hard-stop guide for non-US founders and cross-border cases that should not be handled as a routine packet.
Summary
Non-US founder cases are not a simple MVP lane when residence, source of services, withholding, treaty, immigration, securities, or entity facts matter. 83(b) Election Desk does not provide cross-border tax or immigration advice. Use counsel or a qualified tax professional before preparing any election packet if those facts are present.
Cross-border and immigration facts are professional-review cases.
| MVP posture | Hard stop for non-US complexityNo treaty, withholding, or immigration analysis. |
|---|---|
| Supported only if | No cross-border question remainsUser already decided and has settled facts. |
| Output limit | Operational packet onlyNo legal or tax conclusion. |
Why the case changes
A founder's citizenship, tax residence, service location, visa facts, treaty posture, withholding, company jurisdiction, and securities facts can change the analysis. A simple packet tool cannot safely resolve those issues.
What the product can still do
If all advice questions are already resolved, the app can still organize a deadline, Form 15620 field checklist, copy letter, proof evidence, and filing-method reminder from user-entered facts.
When to stop
Stop for nonresident alien questions, treaty questions, visa or immigration facts, foreign address implications, withholding, compensation sourcing, foreign entity grants, or uncertainty about whether filing is appropriate.
Common questions
Can the app tell me whether a nonresident should file?
No. That is outside the product and can require individualized tax and legal review.
Can a non-US founder ever use the packet?
Only if the filing decision and all cross-border facts have already been resolved outside the app and no advice is needed.
Use the scope gate
The wizard stops cases needing residence, immigration, securities, treaty, or withholding review.
Open checkerRelated guides
83(b) election deadline calculator
A source-linked deadline guide for people who already decided to file a Section 83(b) election and need an operational packet before the 30-day window closes.
Form 15620 for a Section 83(b) election
A practical guide to the IRS Form 15620 fields used in a Section 83(b) election packet.
83(b) election for restricted stock packet
How the MVP handles a simple individual restricted-stock grant after the user has already decided to make the election.
Official sources
Last reviewed: .