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Operator guideThree 30-day windows matter: 83(b) elections, BOI filings, and the practical setup that opens up everything else.
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First 30 Days After Incorporation · File.Business

First 30 days. Critical action items.

The first 30 days after incorporation are the most consequential. Three deadlines matter: EIN (no specific deadline but blocks everything downstream), 83(b) election (30 days from grant of restricted stock), and BOI (30 days from formation for new entities). Plus the foundational actions: bank account, bylaws/OA adoption, founder stock issuance, initial resolutions. This guide walks through the specific actions.

Key facts

Start here.

Key fact
83(b) election

30-day window from grant of restricted stock. Missing it = six-figure mistake if stock appreciates.

Key fact
BOI filing

30-day window for entities formed 2024+. Penalty $500/day.

Key fact
EIN

No deadline; blocks bank account opening and downstream actions. File ASAP.

Key fact
Founder stock + IP assignment

Issue at incorporation; tied to 83(b) timing.

Key fact
Bank account

Required for liability shield (no commingling).

In depth

The full picture.

01

Day 1-3: Apply for EIN

US founders with SSN: apply online at irs.gov/EIN. Same-day issuance. Foreign founders: file paper Form SS-4 by fax. Typical 1-3 weeks.

02

Day 1-5: Issue Founder Stock

Stock Purchase Agreements signed. Each founder pays par value (e.g., $0.0001/share) for their shares. Track in cap table.

03

Day 1-30: File 83(b) Elections

Within 30 days of receiving restricted stock. File with IRS Service Center where you would file your tax return. Mail certified return receipt. Keep copy and proof of mailing.

04

Day 5-15: Open Business Bank Account

Documents needed: EIN letter, formation documents, IDs, operating agreement (LLC) or bylaws (corp). Mercury, Relay, or traditional banks.

05

Day 5-15: Adopt Bylaws / Operating Agreement

Adopt at first board meeting (corp) or in writing (LLC). Sign and store.

06

Day 5-15: File Initial Resolutions

Initial board resolutions (corp): bylaws adoption, officer election, stock issuance, banking authorization. Initial member resolutions (LLC): operating agreement adoption, manager appointment if applicable, banking authorization.

07

Day 5-30: File BOI with FinCEN

For entities formed 2024+: within 30 days of formation. Submit to FinCEN online. Penalty $500/day for non-compliance.

08

Day 10-30: IP Assignment

Founders assign all relevant pre-existing IP to entity. Built into Founder Stock Purchase Agreement or standalone.

09

Day 15-30: Initial Compliance

Sales tax registrations if selling taxable goods. State employer registrations if hiring. Industry-specific licenses.

10

Common 30-Day Mistakes

Skipping 83(b) (30-day window cannot be extended). Skipping BOI (penalties accrue daily). Operating without business bank account. Founder stock issued without written Stock Purchase Agreement.

FAQ

Common questions.

Why is 83(b) so important?
Lets you be taxed at grant value (low) rather than vesting value (potentially high). Missing it can cost six figures.
How do I file 83(b)?
Mail to IRS Service Center where you would file your tax return. Certified return receipt. Keep proof.
What if I miss 83(b)?
30-day window is strict. Missing it has major tax consequences. Some workarounds exist; consult CPA immediately.
What is BOI?
Beneficial Ownership Information report to FinCEN. Required for most entities formed 2024+.
Can I do all this without a lawyer?
Templates work for most founders. Complex situations (multiple founders, IP transfers, etc.) benefit from attorney review.
What about state-specific requirements?
California: Statement of Information within 90 days. New York: publication. Texas: governing authority listing. Map your state requirements early.
When do I issue equity to employees?
Once you have employees. Often Month 2-6.
What if I am a foreign founder?
EIN process via paper SS-4 (1-3 weeks). Banking via Mercury or specialized partners. Form 5472 + 1120 annual filing for foreign-owned LLCs.

Founder-ready foundation.

Form your entity, get the EIN, set up banking, manage the cap table, file BOI. All in one place.

Educational guide. Specific situations require professional legal and tax advice.

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