Equity & cap table · 2026-09-02

409A after a priced round: cost, timing, and when you can grant again

A priced round ends reliance on your prior 409A. Freeze grants, refresh FMV, board-adopt, then grant. Costs, timelines, and common ≠ preferred.

A priced round is typically a material event under IRC §409A. Carta: reliance on a prior 409A generally ends at that point; companies obtain an updated 409A before issuing new options. Freeze new grants at close until the refreshed report is in hand and the board adopts the new FMV. Then grant. Not legal, tax, or compensation advice.

What triggers a refresh

You need a current 409A before issuing options, after every new raise, after a material business event, and at least every 12 months (Kruze checklist, 17 September 2025). Carta: a third-party valuation is generally “good” for up to 12 months unless a material event, such as a new priced equity financing, makes the prior valuation stale.

Promise Legal (updated 29 September 2025) publishes this timing table:

EventActionTimeline
First option grantInitial 409ABefore granting
Priced equity roundNew 409AWithin 30 days after closing
Significant milestoneNew 409AWhen material changes occur
12 months elapsedRefreshSafe harbor expires after 12 months

Promise’s “within 30 days” is one published target. The IRS does not publish a fixed day count on that page. The functional rule after a material event is: do not grant on a stale FMV (Carta). A down round is typically a material event as well; Carta notes the result is often (not always) a lower common FMV.

What a post-round 409A costs

Sources disagree, so this section shows each band as published instead of an average.

Kruze published fees (409A valuation cost):

StageKruze publishedWhat others charge (Kruze)
Seed$2,000$4,000+
Series A$2,500$5,000+
Series B$3,000$5,000+
Series C$3,500$5,000+

Kruze also states typical industry cost of $2,000 to $5,000+ depending on complexity, and that startups on cap-table software vendors spend over $3,000 annually, with many over $10,000.

Carta standalone range (hub cite, 409A valuation, 4 August 2026): roughly $1,000 to over $10,000 depending on size and complexity.

Promise Legal by stage (updated 29 September 2025):

StageTypical costTimeline
Pre-seed / Idea$2,000–$5,0001–2 weeks
Post-SAFE/convertible$3,000–$7,0002–3 weeks
Post-Series Seed/A$5,000–$12,0002–4 weeks
Post-Series B+$10,000–$25,000+3–6 weeks

Promise’s Seed/A band ($5,000–$12,000) sits above Kruze’s published Seed/A fees ($2,000 / $2,500). Keep both. Pick a provider and a quote for your cap table, not a blended midpoint.

Timeline from close to grants again

Coordinate with the valuation provider ahead of the round so the updated 409A can complete soon after close (Carta, priced rounds, 8 May 2026).

StepWhat operators doPublished timing
EngageStart the provider before or at close; assemble financials, cap table, funding docs, 12–24 month projectionsAllow for document lead time (Kruze checklist)
ValuationProvider runs the reportKruze: can complete in 10 business days; checklist: set aside 2–4 weeks plus board and doc lead time
BoardBoard adopts the new FMVSame meeting or shortly after the signed report
Grants resumeIssue options at or above the adopted FMVAfter adoption, not on the old strike

Promise’s “within 30 days after closing” is a published target for obtaining the new 409A after a priced round. Until the board has adopted the refreshed FMV, treat new option grants as paused.

Why common is not the preferred share price

Preferred has rights common does not. Carta: the FMV of common is often meaningfully lower than the preferred share price even when the priced round is the primary 409A input. Appraisers typically backsolve from the arm’s-length preferred price and allocate value across the stack.

Kruze states two bands on the same cost page. Present both as written, not averaged:

Do not set the option strike equal to the preferred price per share from the term sheet. That is a different instrument.

Hiring during the gap

Freeze new option grants from close until the signed refreshed 409A is in hand and the board adopts FMV. Carta: obtain an updated 409A before issuing new options. Some counsel start the freeze from the term sheet; treat that as counsel guidance for your deal, not a universal statute.

Conditional offers during the close are common operator practice: you can state a number of options in the offer letter and set the strike from the post-close 409A once the board adopts FMV. Frame that as how operators bridge the gap. Confirm the form of the offer with counsel. Do not grant at the old strike through the close.

Penalties for underpriced options hit the holder: ordinary income on the spread, plus a 20% excise tax, plus interest (Promise / IRS 409A framing). No invented dollar examples here.

Mistakes after the round

Granting through the close on the old FMV. Once the priced round counts as a material event, the prior valuation is stale (Carta).

Waiting months to refresh. Promise targets within 30 days after closing; Kruze recommends a new valuation after a raise. Open offers sit without a strike while you wait.

Treating preferred price as common strike. Preferred rights make common FMV lower (Carta; Kruze backsolve).

Skipping board adoption. The signed report does not set FMV on its own. The board adopts FMV, then you grant.

Letting the annual clock slip. Even without a raise, safe harbor is generally up to 12 months from the valuation date (Carta; Kruze; Promise).

Worked situation

Labeled hypothetical. Not a company. Series A closes Monday. The last 409A is four months old. Three offers are pending with option counts in the letters and no strike set.

Freeze grants Monday. Engage the valuation provider days 1–3 with financials, cap table, and funding docs already in the data room. Kruze’s faster path can land a report in about 10 business days; the checklist’s 2–4 week window is the planning number if docs or board time slip. Board adopts the new FMV the week the report lands. Then grant the three seats at the adopted strike. Do not issue those options on the four-month-old number.

Sources

After the round closes, the 409A gates your next hires. Founders who have sequenced the freeze, refresh, and first post-round grants will walk through your calendar in a FounderNexus session.