Founders vs. Employees
How you acquire your stock determines when your QSBS holding period begins. Founders and employees typically follow different paths to stock ownership.
🚀Founder Stock
Founders typically receive stock directly from the corporation at or near incorporation, often at a nominal price. The holding period begins when the stock is issued.
Key Considerations
If stock is subject to vesting, filing an 83(b) election within 30 days starts the QSBS clock immediately. Without the election, the holding period begins as shares vest.
Companies that converted from an LLC or other entity should review when the C-Corp status began, as the QSBS holding period cannot start before the corporation existed.
💼Employee Stock Options
Employees typically receive stock options (ISOs or NSOs) that grant the right to purchase stock at a set price. Options are not stock ownership until exercised.
Key Considerations
The QSBS holding period begins at exercise, not at grant. Stock must be held for more than 5 years from the exercise date.
Some companies allow early exercise of unvested options. Combined with an 83(b) election, this can start the holding period before vesting completes.
Questions About Your Situation?
QSBS qualification depends on your specific facts and circumstances. Consider consulting a tax professional to review your stock acquisition details.
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