Q&As

If after it has granted EMI qualifying options, a company enters into a joint venture arrangement whereby it takes 50% of the shares in the joint venture company (and so that the joint venture company is not a qualifying subsidiary). Will this cause the existing EMI options to lose their EMI tax advantaged status?

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Published on LexisPSL on 31/03/2017

The following Share Incentives Q&A provides comprehensive and up to date legal information covering:

  • If after it has granted EMI qualifying options, a company enters into a joint venture arrangement whereby it takes 50% of the shares in the joint venture company (and so that the joint venture company is not a qualifying subsidiary). Will this cause the existing EMI options to lose their EMI tax advantaged status?

An EMI qualifying option will lose its tax-advantaged EMI status if there is a disqualifying event for the purposes of sections 533–539 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003). This legislation has the effect that a disqualifying event is not triggered where the r

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