
Yes. Cake's 409A follows IRS safe harbor methodology, performed by qualified independent practitioners. A safe harbor valuation shifts the burden of proof to the IRS in the event of a dispute. It is the standard approach used by companies planning to issue stock options and the one your attorneys and auditors will expect to see.
IRS safe harbor status means the valuation was performed by a qualified independent appraiser using one of the accepted methodologies specified in the IRS regulations. If the IRS challenges the fair market value used for option grants, the burden of proof shifts to the IRS to demonstrate the valuation was unreasonable, rather than to the company to prove it was reasonable. That shift is the practical protection safe harbor provides.
Cake's 409A uses qualified practitioners who produce a methodology document alongside the valuation report. That document explains what approach was used, what data was relied upon, and how the fair market value conclusion was reached. It is this documentation that makes the valuation defensible in an audit, a due diligence process, or a conversation with a new investor asking how your strike prices were set.
One practical note: safe harbor status is not self-declared. It depends on the qualifications of the appraiser and the methodology applied. Working with an unqualified provider or using an informal estimate does not qualify as safe harbor, regardless of how detailed the output looks. The independence and credentials of the practitioner are what matter.
Methodology transparency is not standard practice with every 409A provider. Many deliver a number with a brief summary. Cake delivers a full methodology document you can review, share with attorneys, and rely on when questions arise later.
This article is designed and intended to provide general information in summary form on general topics. The material may not apply to all jurisdictions. The contents do not constitute legal, financial or tax advice. The contents is not intended to be a substitute for such advice and should not be relied upon as such. If you would like to chat with a lawyer, please get in touch and we can introduce you to one of our very friendly legal partners.















