Enterprise Management Incentives (EMI): examples
G was granted a qualifying EMI option to acquire 2000 shares at £10 each, their then market value. She exercised the qualifying EMI option after two years and sold her shares at once for £30 each. The option was exercised after 9 April 2003.
No Income Tax is due when G exercises her option and acquires the shares. (See ERSM30420+).
The CGT calculation when G sells her shares is
*Amount paid for option nil (S149A TCGA92) plus amount paid to acquire shares £20,000 (S144ZA TCGA92). See CG56442.
As G’s option was a qualifying EMI option when she exercised it, if the sale of the shares was before 6 April 2008, the qualifying holding period for taper relief would be two years as there are two whole years between the option grant and the sale of the shares.
H was granted an EMI option to acquire 2000 shares at £10 each, their then market value. She left the company, a disqualifying event, when the shares were worth £17 each. She exercised her option 6 months after leaving the company and sold her shares at once for £25 each. The option was exercised after 9 April 2003.
Taper relief would run from the date H exercised her option and acquired her shares so it could not reduce her gain.
H pays Income Tax on the difference between the value of the shares at the date of exercise and at the time of the disqualifying event, (£25 -£17 = £8) x 2000 = £16,000. (See ITEPA03/S532, ERSM30420+).
The CGT calculation when H sells her shares is
|amount counting as employment income**||£16,000|
*Amount paid for option nil (S149A TCGA92) plus amount paid to acquire shares £20,000 (S144ZA TCGA92).
**S119A TCGA92; S476 ITEP03 as modified by S572ITEPA03.