How are Restricted Stock taxed if they are subject to a 83(b) election?
Consider the same fact pattern again but rather than receiving options Miranda was awarded restricted stock. Miranda engaged a tax expert at the time of being awarded her stock and made a 83(b) election with the IRS at that time. This was prior to moving to the U.S.
5 years later the company was acquired and as part of the transaction Miranda sold all of her shares. Because she had made the 83(b) election her cost base for her shares was locked in at the market value at the time she made that election and the capital gain she realized upon sale of her shares was subject to long term capital gains tax rates, rather than ordinary income tax rates.