Does Cake's 409A follow IRS safe harbor requirements?

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.

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Yes. Cake tracks NSO and ISO splits automatically across the option pool. The distinction matters because ISOs have a $100,000 annual vesting limit per employee. Options vesting above that threshold are automatically reclassified as NSOs with different tax treatment. Cake applies this tracking without requiring a separate compliance report or manual calculation.

Yes. Cake includes built-in 83(b) reminders for founders and early equity holders. The 83(b) election must be filed within 30 days of receiving restricted stock or early-exercised options. Missing this window is an expensive tax consequence that cannot be reversed. Cake flags the deadline automatically so it is not missed.

Cake's 409A includes expert consultation, methodology documentation, and a 3-business-day turnaround at $1,500 per valuation. The methodology documentation is not standard practice with every provider. It means you can review and defend how the fair market value was reached, rather than relying on a number without explanation.

A 409A is valid for 12 months from the date it was completed. After 12 months, you need a new valuation before issuing additional stock options. A new 409A is also required after a material event, such as closing a new financing round, regardless of when the last valuation was completed.

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.

Yes. A 409A is required before issuing stock options to employees. Without a current 409A, you cannot set a compliant strike price. Options issued without a valid 409A may expose the recipient to adverse tax treatment under IRS Section 409A, including immediate income recognition, a 20% penalty tax, and interest charges.

Cake's 409A costs $1,500 and is completed in 3 business days. The price includes expert consultation and full methodology documentation. Two 409As per year are included on the Team plan. One-off 409As are $1,500 each. Traditional standalone providers typically charge $3,000 or more for the same assessment.

Your 409A history migrates as part of the standard migration process. Cake's team reconciles your historical 409A records alongside your cap table data — prior valuation dates, methodologies, and effective periods. Having the historical record in Cake also makes it straightforward to initiate future 409A updates directly from the same platform.