A Note on the Legal and Tax Implications of Founders' Equity Splits
Posted: 1 Jun 2009
Date Written: February 4, 2009
This note summarizes key legal and tax issues that founders should consider as they contemplate an equity split and ownership structure. Specific issues covered include: why founders should not delay splitting the equity, and whether they should involve an attorney or accountant when they do; the importance of considering intellectual property (IP) issues when splitting the equity and the need to do so consistent with Section 351 of the Internal Revenue Code; and the need to make timely and valid Section 83(b) elections if the founders adopt vesting as part of the equity split.
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