I have been in company A for ~10 months and I have been granted X amount of ISOs (Incentive Stock Options). Though, none of those ISOs have vested yet.
Now company B just bought company A (deal is not closed yet). Now the company B is offering:
- B's NSOs for A's ISOs; or
- B's Restricted Stock for A's Common stock (if they were early exercised under 83(b))
Is there a time limit when one can one apply for 83(b) tax treatment? Would it be too late to apply for this tax treatment after 10 months from the ISO grant date?
Would there be a long-term-capital-gain-tax benefit, if 83(b) is done and the stock will be held for more than 2 years?