To qualify for the tax breaks that Enterprise Management Incentive (EMI) brings, companies must meet a number of requirements. The requirements broadly fall into three categories: the size of the company/group and its structure; terms of the option; and the nature of the company/group’s trade. This document also covers the detail on excluded activities.

Introduction

In order to qualify for the tax breaks that Enterprise Management Incentive (EMI) brings, companies have to meet a number of requirements.

In order to qualify for the tax breaks that Enterprise Management Incentive (EMI) brings, companies have to meet a number of requirements.

The legislation is covered in ITEPA 2003, Sch 5, paras 8-23.

For more on the reasons for using EMI schemes, see the Why use an EMI scheme? guidance note.

The requirements broadly fall into three categories:

  • the  size of the company / group and its structure
  • the  terms of the option
  • the  nature of the company / group's trade

HMRC guidance on qualifying companies is at ETASSUM52010 onwards.

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