Specific deductions: employee share schemes: types of schemes
The nature of the share incentives provided to employees under employee share schemes fall into two categories - share options and share awards.
Share option schemes
A share option scheme is a scheme which provides for options (rights to acquire shares) to be granted to a defined group of employees, usually at a price which is equal to the share value at the date the option is granted. The option can then be exercised after a period of time, and usually after the satisfaction during that period of some performance condition. The performance condition may be personal to the employee or may be company-related, for example based on company results during the performance period.
Share award schemes
Share award schemes are often called Long Term Incentive Plans (LTIPs). In the UK these plans will usually be structured to give employees an ‘award’ of a number of shares under which the employee will become the owner of the shares if they stay in employment (and perhaps also meet particular performance conditions) for the required number of years.
If the scheme originates in the United States it is more common to find that the share award gives the employee immediate ownership of the shares, with a risk of having to forfeit the shares if the employment and performance conditions are not met over the required number of years. Such shares are commonly known as ‘forfeitable shares’ or ‘restricted shares’. Although the employee is the beneficial owner of them from the date of the award, the shares are normally held in trust or in escrow. It is unusual to find forfeitable shares or other restricted shares in the hands of the employees themselves.
Types of schemes for tax purposes
For tax purposes both share option schemes and share award schemes fall into two main categories - schemes with tax advantages and those that do not.
Tax advantaged schemes
These are the schemes that give employees and employers certain tax and NICs advantages. Historically these had to be approved by the Employee Shares and Securities Unit and were called Approved Schemes, however from 6th April 2014 this is no longer a requirement, see BIM44010.
These are any other employee share schemes which do not satisfy the requirements necessary to qualify for favourable tax and NICs treatment. Historically, these were referred to as unapproved schemes.