Light reading EMI shares18 Feb 2021 12:19
https://www.netlawman.co.uk/ia/share-schemes-introduction#:~:text=A%20company%20whose%20shares%20are%20subject%20to%20EMI,(or%20another%20company%20and%20persons%20connected%20with%20it).
'They are designed to help small, higher risk companies recruit and retain employees who have the skills to help them grow and succeed. They are also a way of rewarding employees for taking a risk by investing their time and skills to help small companies achieve their potential.
The main piece of legislation that is applicable is Schedule 5 of the Income Tax (Earnings and Pensions) Act 2003 (abbreviated to ITEPA 2003), but it is by no means the only piece of law that you need to consider.
An EMI scheme as a tax-advantaged reward scheme
EMI share schemes are popular because they are tax efficient (or "tax advantageous") for both the company and the employees.
The grant of the option is tax-free. Normally there is no income tax or National Insurance contributions (NICs) for the employee to pay when the option is exercised.
Nor are there normally any employer NICs to pay.
If the shares are sold at a gain, any capital gains tax (CGT) charge may be reduced because taper relief starts from the date that the option is granted.
Requirements for a scheme to qualify as an EMI scheme
In order for the share option scheme to qualify as an EMI scheme, certain requirements must be met. These are as follows, and expanded on in the rest of this article.
• the scheme has been notified to HMRC within 92 days of the grant
• the employee is eligible
• the terms of the option qualify
• the type of share under option qualifies
• the company whose shares are under option is a qualifying company
Qualifications for the employee
For an employee to be eligible for the scheme, he or she must:
• work for the company, or one of its group companies for at least 25 hours per week, or, if less, for 75% of his or her working time per week
• not own more than 30% of the ordinary share capital of the company
Eligibility is discussed in greater detail here.
Terms of the option
More information about the terms of the option agreement can be found here. Two important ones relate to purpose and maximum entitlement.
Purpose
The options must be granted for commercial reasons to recruit or retain employees in a company, and not as part of an arrangement one of the main purposes of which is to avoid tax.
Maximum entitlement
An employee may not hold unexercised qualifying EMI options that have a market value of more than £120,000.
If an option granted to an employee causes the £120,000 limit to be exceeded, the excess will not qualify as an EMI option.
The market value of any shares for this purpose is the price they might reasonably be expected to fetch on the open market, free from any restrictions or risk of forfeiture to which they may be subject. To Be Continued.