It has previously been reported that the Enterprise Management Incentive (EMI) scheme State Aid approval lapsed on 6 April 2018. HM Revenue & Customs (HMRC) had previously warned that EMI share options granted in the period from 7 April 2018 until EU State Aid approval was received may not be eligible for the tax advantages afforded to option holders but has now confirmed the scheme will operate as before.
On 15 May EU approval was granted and HMRC has now confirmed that the EMI scheme will continue to operate as before and no changes have therefore been made to the scheme.
The EMI allows selected employees (often key to the employer) to be given the opportunity to acquire a significant number of shares in their employer through the issue of options. An EMI can offer significant tax advantages as the scheme allows options to be granted to employees which then allows shares to be acquired without any tax bill arising until the shares are sold.
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