Property & Construction Newsletter Autumn 24

Incentivising Employees With A Slice Of The Action: A Guide to Finding the Right Share Scheme We often say that a business’s greatest asset is its people, and we know that in every property and construction company there are individuals who contribute to driving the business to succeed. People who are creatively, technically, or strategically vital to the day-to- day operations. And without whose knowledge and skills the business

would close fewer deals, be less profitable and grow more slowly. G iving staff a stake in the business can assist with the retention of key personnel, increase productivity, and improve cashflow. We asked Sam Stent, Associate Partner in

those that don’t (or where the £250,000 or £60,000 limits are not sufficient), unapproved option arrangements (or other non-advantaged schemes) might be considered. Non-advantaged schemes can be quicker to set up, easier to administer and have other benefits. Unapproved share option schemes for example are particularly flexible because:

market value of the shares and the price paid by the individual to acquire them (in the same way as if they had received the equivalent amount of salary).

our Tax Advisory Team, to look at ways that property and construction companies can incentivise key employees, and why share schemes are becoming an increasingly popular option in this sector, especially for cash- strapped fledgling companies. The share scheme that’s right for your business will depend on the size of your company, whether you want to give shares now (or options to buy shares in the future) and what you’re hoping to achieve from the scheme. It will also depend on whether you are looking to incentivise all of your employees, just some of them or whether you want to give a stake in the business to someone external to the organisation (eg “sweat equity”).

Other unapproved share arrangements, such as growth shares, have a less punitive tax treatment. This simple arrangement involves setting up a new class of shares and is often used by private companies for employees who have been recruited at a later date to ensure that those individuals only share in the future growth of the business and do not benefit from their predecessor’s efforts. Any income tax or NIC charge will be based on the value of the growth shares at the time the employee acquires them and typically, advisers will argue that these shares have little or no value at that point in time when there has not yet been any growth… although HMRC sometimes has other ideas! Contact Sam Stent or the Tax Advisory Team at Scrutton Bland if you are considering implementing a share scheme and we’ll help you find the one that best meets your needs.

They can be used to reward external advisers and consultants as well as employees They have no minimum or maximum period during which options must be exercised

The company can set any exercise price it wishes

They can also impose restrictions or targets in relation to the shares that align with its plans for future growth of the business. The downside is that there is no tax advantage to be gained, with PAYE being applied to the difference between the

There are 4 share schemes that are approved by HMRC (see opposite page):

EMIs and CSOPs will almost always be the top choices for companies that qualify but for

Call 0300 058 6559 or email hello@scruttonbland.co.uk

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