01/10/2025
EMI Compliance: Don’t Risk Losing Tax-Advantaged Status
Companies offering Enterprise Management Incentives (EMI) must stay vigilant to remain compliant and avoid unexpected tax liabilities.
Key compliance points to keep in mind:
🔹 Ensure shares under option genuinely exist – phantom shares don’t qualify.
🔹 The option must grant rights to acquire shares, not just allow for a cash settlement.
🔹 Options must be exercisable within 10 years of the grant date.
🔹 Document all EMI option grants clearly – proper records are essential.
🔹 Make sure the plan aligns with your company’s articles of association.
📌 Staying on top of these requirements is crucial for preserving EMI’s tax benefits. When in doubt, seek expert advice to safeguard both compliance and employee value.