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HMRC internal manual

Employee Tax Advantaged Share Scheme User Manual

Enterprise Management Incentives (EMI): Qualifying companies: Advance assurance that a company will qualify for EMI

Before options are granted, the company secretary, a director, or an agent acting on the company’s behalf may submit details of the company in writing to the Small Company Enterprise Centre (SCEC)

If HMRC is satisfied, on the basis of the information supplied, that the company will be a qualifying company once the options are granted, it will say so in writing. However, whether the requirements for qualification will be met in the event is a question of fact that cannot be known for certain in advance.

HMRC can only give an advance assurance about whether the company will meet the qualifying requirements. It cannot give any assurance about other aspects of EMI, such as, whether an individual is an eligible employee or whether an option agreement meets the requirements of the legislation.

Information needed about the company in order to get an advance assurance

  • Registered Office address,
  • Company Registration Number, and
  • Corporation Tax 10 digit reference number.

Please note that if you fail to provide these details we will have to return your request for advance assurance.

It is expected that the following documents are enclosed with your application:

  • a copy of the latest available accounts for the company and each of its subsidiaries with a permanent establishment in the UK,
  • an up-to-date copy of the Memorandum and Articles of Association of the company and details of any proposed changes, and
  • details of all trading or other activities carried on, or to be carried on, by the company and its subsidiaries.