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Access all documents on Enterprise Management Incentive (EMI) options

Enterprise Management Incentive (EMI) options meaning

What does Enterprise Management Incentive (EMI) options mean?
Enterprise Management Incentive (EMI) options are share options used in UK practice to recruit, retain and incentivise key employees in smaller, higher‑growth companies. EMI is a statutory, tax‑advantaged regime set out in ITEPA 2003, Schedule 5 (introduced by the Finance Act 2000). Key features: the company must be independent, carry on a qualifying trade, have gross assets not exceeding £30 million and fewer than 250 employees; certain trades are excluded. Each employee may hold up to £250,000 of unexercised EMI options (at grant value), with a £3 million company‑wide limit. Employees must meet working time requirements and not have a material interest. Options commonly vest over time and are usually granted at market value. Tax treatment: no income tax or NICs on grant, and usually none on exercise if granted at market value and the scheme remains qualifying; gains are generally subject to CGT on sale, with potential Business Asset Disposal Relief and an employer corporation tax deduction. Disqualifying events can trigger income tax/NICs. Administration: HMRC notification is required by 6 July following the tax year of grant. Usage is consistent across England & Wales, Scotland and Northern Ireland. The Republic of Ireland has no EMI equivalent.
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View the related Flowcharts about Enterprise Management Incentive (EMI) options

FLOWCHARTS
JCT Standard Building Contract 2024/2016 (WQ, WoQ, WAQ): Interim Payment Procedure—Applications, Due and Final Dates, Payment and Pay Less Notices (Flowchart)

A company share option plan (CSOP) A company share option plan (CSOP) enables tax-favoured options over shares with a value up to £60,000 per person, assessed as at the grant date, to be awarded at the discretion of companies that satisfy the CSOP qualifying criteria, and is commonly adopted by companies that are too large to be eligible to issue enterprise management incentive (EMI) options...

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View the related News about Enterprise Management Incentive (EMI) options

NEWS
UK share incentives and corporate governance: HMRC employee share scheme statistics 2022/23, bonus cap changes, FTSE–US CEO pay gap, Braemar revolt, and tax insights — 4 July 2024

In this issue: Tax treatment Corporate Governance Useful information Weekly highlights from other practice areas Tax treatment HMRC publishes employee share schemes statistics for the tax year ending 2023 HMRC has released statistics for the tax year ending 2023 covering the tax-advantaged employee share schemes, namely company share option plans (CSOPs), enterprise management incentives (EMI), save as you earn (SAYE) and share incentive plans (SIPs). Drawn from share scheme returns, the figures outline how many companies operate these schemes, how many employees received awards and the overall number of awards, the values granted, the numbers of employees who exercised options, and estimates of the amount of income tax and national insurance contributions (NICs) relief obtained...

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NEWS
UK share incentives: HMRC 2021/22 statistics, Boohoo cancels bonuses and incentive plan, section 431 elections, Saunders v HMRC on SARs, ESS reminder, and cross-practice highlights

In this issue: Tax treatment Corporate Governance Useful information Weekly highlights from other practice areas Tax treatment HMRC publishes employee share schemes statistics for the tax year ending 2022 HMRC has released figures for the tax year to 2022 covering the tax-advantaged employee share schemes—company share option plans (CSOPs), enterprise management incentives (EMI), save as you earn (SAYE) and share incentive plans (SIPs). Drawn from share scheme returns, the data sets out how many companies run schemes, how many employees receive or are granted awards, the value of those awards, how many options are exercised, and estimates of the income tax and National Insurance contributions (NICs) relief obtained. Employees are estimated to have benefited from £840m of income tax relief and £560m of NICs relief in that year across the four schemes EMI accounted for the largest share of total relief at £680m Relief on CSOP options stayed far below other schemes at £50m...

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NEWS
UK share incentives and remuneration: HMRC 2024 scheme statistics, QCA committee guides, Spirent pay vote, Court of Appeal on EBT loans, HMRC manual updates, LSE Private Securities Market

In this issue: Tax treatment Corporate governance Employee benefit trusts Trackers Useful information Dates for your diary Weekly highlights from other practice areas Tax treatment HMRC publishes employee share schemes statistics for the tax year ending 2024 HMRC has released statistics for the tax year ending 2024 covering tax-advantaged employee share schemes—company share option plans (CSOPs), enterprise management incentives (EMI), save as you earn (SAYE) and share incentive plans (SIPs). Drawn from share scheme returns data, the figures set out how many companies currently operate such schemes, the numbers of employees receiving grants or the volume of awards made, the aggregate values granted, how many employees go on to exercise options and HMRC’s estimates of the income tax and national insurance contributions (NICs) relief obtained...

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View the related Practice Notes about Enterprise Management Incentive (EMI) options

PRACTICE NOTES
Parallel Options in UK Employee Share Schemes: HMRC acceptance, EMI/CSOP interactions, tax-efficient design and underwater-option fixes, plus practical and IFRS 2 accounting considerations

The aim of this note is to set out the principal areas in which parallel options are commonly useful, how they interact with other share incentive arrangements, HMRC’s acceptance of such plans and the practical considerations around implementation. The main application of parallel options is either to add tax efficiency to an unapproved share incentive arrangement or to address issues within existing arrangements such as underwater options. Practitioners should exercise particular care when putting in place parallel options that involve a tax-advantaged scheme such as an enterprise management incentives (EMI) scheme or a company share option plan (CSOP). The key points are highlighted below (together with HMRC’s published views). What are parallel options? Parallel options are employee share option arrangements that are linked to another employee share incentive scheme. They will typically be introduced either to enhance another share plan, eg deliver tax efficiency, or to help ‘fix’ problems with the main incentive scheme, eg where options are underwater. They can relate to either phantom options or options...

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PRACTICE NOTES
HMRC SAYE options post-FA 2014: mapping ESSUM to ETASSUM and substantive changes (archived, December 2015)

ARCHIVED This archived Practice Note offers background reading on the key differences between the SAYE guidance in ESSUM and its new location in ETASSUM. It also highlights any material changes in the guidance. The Note reflects the position in December 2015 and is provided for background only. Background On 28 October 2015, HMRC announced a new Employee Tax Advantaged Share Scheme User Manual (ETASSUM), available on its Gov.uk website. The previous ESSUM guidance remains, at the time of writing, live and accessible here. As the name indicates, ETASSUM covers enterprise management incentives (EMI), company share option plans (CSOPs), save as you earn (SAYE) and share incentive plans (SIPs). ETASSUM has not yet reached its final version and, when this Practice Note was written, some links were still absent. Every page carries a feedback link for notifying HMRC of issues. The table below summarises where each principal SAYE provision sat in ESSUM and where it now appears in ETASSUM...

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PRACTICE NOTES
HMRC self-certification for UK tax-advantaged share plans—CSOP, SIP, SAYE: registration, deadlines, annual returns, amendments, enforcement and legacy pre-2014 approvals (archived)

ARCHIVED: This Practice Note is archived and is not maintained. It sets out the process for creating a tax-advantaged share plan, including a company share option plan (CSOP), a share incentive plan (SIP) and a save as you earn (SAYE) scheme (a Qualified Plan). The process for enterprise management incentives (EMI) varies slightly and is not addressed here. For more on EMI, see Practice Notes: How EMI schemes work and key features—advance assurance and EMI—notification of grant of options to HMRC. Overview If a company is eligible to run a Qualified Plan (see Practice Notes: CSOP—qualifying companies and qualifying shares, SAYE—companies which qualify to operate an SAYE scheme and SIPs—qualifying companies and type of shares) and holds plan documents that meet legislative requirements, it can commence granting awards under it, with those awards potentially qualifying for the tax advantages set out in the legislation. HMRC advance approval of the plan is no longer required. However, to access the tax reliefs, the company must: register the...

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View the related Precedents about Enterprise Management Incentive (EMI) options

PRECEDENTS
UK EMI Share Options Term Sheet: Template and Key Legal, Tax and Commercial Issues

This term sheet outlines a plan to motivate key staff of [ insert name of company ] (the ‘Company’) through the award of statutory tax-advantaged Enterprise Management Incentive (EMI) share options over the Company’s shares (‘EMI Options’). All matters raised here are for discussion only and should be considered carefully before any implementation. 1 Overview The EMI scheme is a very adaptable and tax-efficient share option arrangement designed specifically for small/medium-sized businesses. EMI is among the most popular share option schemes available to companies. EMI Options must be granted for genuine commercial reasons to recruit or retain an employee, and not as part of any scheme or arrangement where the main purpose (or one of the main purposes) is the avoidance of tax. Under this proposal, participants will be granted EMI share options with an exercise price set at the date of grant. The EMI scheme operates on a discretionary basis...

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