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Official guidance
Employee Tax Advantaged Share Scheme User Manual

ETASSUM52000 · Enterprise Management Incentives (EMI): Qualifying companies

  • ETASSUM52010 · Introduction
  • ETASSUM52020 · Advance assurance that a company will qualify for EMI
  • ETASSUM52030 · Independence requirement
  • ETASSUM52031 · Arrangements leading to loss of Independence
  • ETASSUM52040 · Qualifying subsidiaries
  • ETASSUM52050 · Qualifying property managing subsidiaries
  • ETASSUM52060 · Gross assets requirements
  • ETASSUM52070 · Number of employees requirement
  • ETASSUM52080 · Trading activities & UK permanent establishment requirement
  • ETASSUM52090 · Trading activities requirement for a parent company
  • ETASSUM52100 · Excluded activities
  • ETASSUM52105 · Excluded activities: Substantial part
  • ETASSUM52110 · Enterprise Management Incentives (EMI): Excluded activities: Dealing in goods otherwise than in ordinary wholesale and retail distribution
  • ETASSUM52120 · Enterprise Management Incentives (EMI): Excluded activities: Leasing of certain ships
  • ETASSUM52130 · Enterprise Management Incentives (EMI): Excluded activities: Receipt of royalties or licence fees
  • ETASSUM52140 · Enterprise Management Incentives (EMI): Excluded activities: Property development
  • ETASSUM52150 · Enterprise Management Incentives (EMI): Excluded activities: Shipbuilding, coal and steel production
  • ETASSUM52160 · Enterprise Management Incentives (EMI): Excluded activities: Hotels and comparable establishments
  • ETASSUM52170 · Enterprise Management Incentives (EMI): Excluded activities: Nursing homes and residential care homes
  • ETASSUM52180 · Enterprise Management Incentives (EMI): Excluded activities: Provision of facilities for another business
  • ETASSUM52190 · Excluded activities: banking, insurance, money-lending, debt-factoring, hire-purchase financing or 'other' financial activities
  • ETASSUM52200 · Enterprise Management Incentives (EMI): Excluded activities: providing legal or accountancy services
  • ETASSUM52210 · Enterprise Management Incentives (EMI): Excluded activities: farming or market gardening
  • ETASSUM52220 · Enterprise Management Incentives (EMI): Excluded activities: holding, managing or occupying woodlands, any other forestry activities or timber production
  1. Enterprise Management Incentives (EMI): Qualifying companies: Contents
  2. Enterprise Management Incentives (EMI): Qualifying companies: Excluded activities

ETASSUM52100 | Enterprise Management Incentives (EMI): Qualifying companies: Excluded activities

From HM Revenue & Customs · Employee Tax Advantaged Share Scheme User Manual

Paragraphs 16-23, Schedule 5 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA)

A trade will not qualify if one or more excluded activities together amount to a substantial part of it. Excluded trading activities are:

  • dealing in land, commodities or futures, or shares, securities or other financial instruments,

  • dealing in goods, otherwise than in the course of an ordinary trade of wholesale or retail distribution (see ETASSUM52110),

  • banking, insurance, money-lending, debt-factoring, hire purchase financing or other financial activities (see ETASSUM52190),

  • leasing (including letting ships on charter, or other assets on hire) (see ETASSUM52120),

  • receiving royalties or other licence fees (see ETASSUM52130),

  • providing legal or accountancy services (see ETASSUM52200),

  • property development (see ETASSUM52140),

  • farming or market gardening (see ETASSUM52210),

  • holding, managing or occupying woodlands, any other forestry activities or timber production (see ETASSUM52220),

  • shipbuilding, coal and steel production (see ETASSUM52150),

  • operating or managing hotels or comparable establishments or managing property used as a hotel or comparable establishment (see ETASSUM52160),

  • operating or managing nursing homes or residential care homes, or managing property used as a nursing home or residential care home (see ETASSUM52170), and

  • providing services or facilities for another business (see ETASSUM52180).

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