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The Joy of Enterprise Management Incentives
Read our free guide to the UK's most tax-efficient share scheme.
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How to notify HMRC about your EMI scheme

After you have completed the setup of your EMI options scheme, you must notify HMRC about EMI options granted by your company within 92 days of their grant.

This notification is done by logging into HMRC's Employment Related Services (ERS) website.

If you do not have a Government Gateway user ID and password, you will need to sign up for one in order to make your initial notification to HMRC. HMRC will request your full name, email address, and a password to create this account.

You will later use this same account to make notifications about option grants and file yearly returns (see below).

Once you have set up or logged into your account, notify HMRC about the creation of your EMI options scheme by following the guidelines on this page.

You will receive a reference number from HMRC within seven days of registering your scheme. Once you have received this, you will be eligible to notify HMRC about EMI option grants.

EMI option grant notifications

To perform notifications regarding your EMI option grants, you will need your Government Gateway user ID and password (which you should have previously used when you first notified HMRC about your EMI scheme).

If you have 30 or more employees, you’ll also need to download and complete this EMI notification template and upload it to HMRC when it is completed.

If you are performing these steps for the first time, we recommend starting the notification process at least two weeks before the end of the 92-day period, as there are multiple steps required.

Yearly EMI returns

In addition to option notifications, an EMI annual return via ERS must be submitted by your company by July 6th of each year. This return must include any significant activity that has occurred in the prior tax year.

If nothing has happened in the year, in terms of re-structuring or options being cancelled, altered, or exercised, a return must be completed, but will state that nothing has occurred.

If there has been any of the above activity, an end of year template will need to be filled in summarising the information.

Your company must submit its annual return electronically. If you are unable to file online for some reason, HMRC requests that you share your reason by post:

Employee Shares & Securities Team
Room G47
100 Parliament Street, London
SW1A 2BQ

If you do not file your return and any information accompanying it electronically, you may face a penalty, unless HMRC has agreed in advance that you may file some other way.

For more information on contacting HMRC about your options, please consult this GOV.UK page.

 

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