EMI options now available to more companies for Longer: Recent budget update

3 December 2025 | Guy Abbiss

The 2025 Budget has delivered major and highly anticipated updates to the Enterprise Management Incentive (EMI) regime, changes that will extend eligibility to more growing companies and give employers greater flexibility in how they reward and retain key talent.

These reforms will expand the reach and lifespan of EMI options, doubling the value of shares that can sit under option and providing an additional five years before expiry. For high-growth businesses where long-term exits or liquidity events are expected, these changes could significantly enhance planning certainty and incentivisation strategy.

More companies will qualify to grant EMI options

EMI options are a tax-efficient form of employee share incentivisation, offering exemption from income tax and National Insurance contributions on exercise (subject to conditions) and often favourable capital gains tax treatment on disposal.

From 6 April 2026, the following enhancements will apply:

Current rulesNew rules (from April 2026)
Gross assets must not exceed £30mIncreased to £120m
Up to 250 FTE employeesIncreased to 500 employees
EMI option pool capped at £3mIncreased to £6m
Options must be exercised within 10 yearsLifespan increased to 15 years

What this means

  • Fast-scaling companies will retain EMI eligibility for longer
  • Businesses previously exceeding the threshold can now benefit
  • Early-stage firms won’t be pushed out of the regime as they grow

Longer option lifespan, a boost for exit-based schemes

The extension of the option life to 15 years is particularly important for companies operating “exit-only” structures, where options vest and are exercised only in connection with a sale or IPO.

Under current rules, if no exit occurs within 10 years, options risk lapsing, often leaving employers with the challenge of renegotiating alternative incentive mechanisms. The additional five-year window should significantly reduce administrative burden and provide greater opportunity for value to be realised.

Notably, existing EMI grants can be amended to adopt the longer 15-year period without losing tax-advantaged status, giving companies an immediate planning opportunity ahead of April 2026.

How this applies to employers

These updates broaden access, extend planning horizons, and enhance the long-term attractiveness of EMI as a retention and reward tool.

For growth-oriented businesses, particularly those anticipating future sale or investment, EMI may now provide even greater strategic benefit.

Next steps

Abbiss Cadres advises businesses on EMI design, eligibility, tax treatment, scheme drafting and implementation. If you currently operate EMI options, are scaling rapidly, or want to explore share incentives for the first time, now is the ideal time to review your structure ahead of the April 2026 changes.

Our specialists consult and advise on all forms of employee share ownership.

Get in touch today to assess your eligibility or get any questions you have answered.

Disclaimer

Content is for general information purposes only. The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice. If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances. In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this article. For further legal information click here.

The author

Guy Abbiss
Guy Abbiss
Partner
  • Employment Law
  • Compensation and Benefits
  • International Assignments
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