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What are the tax implications of EMI shares for employees?
Tax advantaged if exercised within 10 years
No income tax unless granted at a discount
CGT on sale price less consideration paid
BADR available if held for at least 2 years
What are the tax implications of EMI shares on the employer company?
Tax deduction on the market value of shares at exercise less remuneration paid by employee.
What are the conditions for issuing EMI shares?
An employee cannot hold more than £250,000 EMI share options
Max number of shares granted under EMI is £3 million
Must be exercised within 10 years to be tax advantaged
Company must be a small trading company - sets not exceed £30 million and 250 or less full time employees
Part time employees can qualify but certain working criteria must be met
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