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EMI and Covid-19: why the delay?

Thomas Dalby (Markel Tax) discusses state aid issues in relation to the enterprise management incentive scheme.

Finance Bill amendments 29 June 2020

On 29 June 2020 an update on the current amendments to the Finance Bill 2020 which set out HMRC’s long awaited resolution of a question that has been concerning tax practitioners and employers since the furloughing arrangements were brought in: how can a furloughed employee possibly meet the working time requirements (WTR) of the enterprise management incentives (EMI) code?

The amendments take the form of new clause 32. This modifies ITEPA 2003 Sch 5 paras 26 and 27 which set out the WTR with the effect that EMI option holders now ‘not being required to work for reasons connected with coronavirus disease (within the meaning given by section 1(1) of the Coronavirus Act 2020)’...

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