Discretion in EMI Share Options

HMRC has today, 14th October 2022, published its long-awaited revised guidance on the use of discretion in EMI share options. This is the product of much “toing-and-froing” between HMRC and the Share Plan Lawyers, but does not alter either HMRC’s long-established practice or, insofar as it may be relevant, the position in law. The new guidance can be accessed here: https://www.gov.uk/hmrc-internal-manuals/employee-tax-advantaged-share-scheme-user-manual/etassum54300

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