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EMI option shares and Budget changes on entrepreneurs’ relief

The government’s recently announced extension of entrepreneurs’ relief (ER) for shares acquired via the exercise of EMI options while welcome does not go far enough.

The government’s recently announced extension of entrepreneurs’ relief (ER) for shares acquired via the exercise of EMI options while welcome does not go far enough.

A more significant impact on the attractiveness of EMI options would have been to introduce changes allowing periods of ownership of the option itself to count towards the 12-month ownership period.

Presently for an individual’s shares to benefit from ER three conditions have to be met throughout an ownership period of at least one year:

  • the company must be the individual’s personal company (ie any time when they hold at least 5% of the ordinary share capital and voting rights);
  • the company must be a trading company or the holding...

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