Synopsis
EMI Share Options: The Complete Guide written by David H J Cohen an acknowledged expert in this field.
EMI (Enterprise Management Incentives) is a highly flexible and tax efficient means for small and medium sized companies to incentivise their staff. The exercise of an undiscounted qualifying EMI option will generally not be subject to income tax or NICs and any gain on sale of the shares will be subject only to CGT.
In the last 12 months, the Government has given two huge boosts to EMI. First, the individual limit has more than doubled, from £120,000 to £250,000. Secondly, EMI participants have been given special access to entrepreneurs’ relief, which means a CGT rate of just 10 per cent on EMI share sales from 6 April, 2013.
Both these changes, particularly the latter, are certain to boost EMI’s popularity and to create increased work in this area for lawyers, accountants and tax practitioners.
EMI Share Options: The Complete Guide is highly practical with extensive use of questions and answers, examples, decision trees and tables to illustrate and illuminate the key concepts.
Contents:
1. Introduction – explaining the background to EMI and putting it in the context of UK employee share incentives generally.
2. How a company qualifies for EMI and the overall limit.
3. How an individual qualifies for EMI and the individual participation limits.
4. How an option qualifies as an EMI option.
5. Tax treatment of EMI options (other than capital gains tax on share sale).
6. Disqualifying events – what they are and how they compare with the qualifying conditions
7. Capital gains tax on sale of EMI shares.
8. Corporation tax relief for the employer.
9. Company reorganisations –impact on EMI options of a takeover.
10. Interaction with HMRC.
11. Company law and employment law aspects.
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About the Author
David Cohen is a solicitor and a prize-winning fellow of the Chartered Institute of Taxation. He has specialised in the area of employee share schemes for almost 30 years and is described by Chambers 2012 as "a legend in the field". David was head of the share schemes team at Norton Rose for 15 years and is now a consultant at Keystone Law.
He was a member of the government-appointed advisory group which worked with HMRC on developing EMI options in 1999 and 2000. He is now a member of the consultative committee appointed by HM Treasury in 2011 to assist the Office for Tax Simplification in its task of seeking to make employee share schemes - including EMI - simpler and fairer.
David has close links with HMRC Employee Share Schemes through his chairmanship of the Share Plan Lawyers Group which he established in 1988.
He is joint editor of the leading text book on employee share schemes and is on the editorial board of Palmers Company Law. David is a prolific writer and lecturer on employee share schemes and related topics and has written over 150 articles for the Financial Times.
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