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Entity Setup

Entity Setup Case Study: UK Investor Schemes After EMI Expansion in 2026

The UK’s EMI, EIS and VCT schemes have expanded. Here’s how start-ups can structure equity and shares to attract talent and investment.

By NomadicTax Research Team · 5-8 min read

Context

On 6 April 2026, the UK implemented significant expansions to the Enterprise Management Incentives (EMI) scheme, Enterprise Investment Scheme (EIS), and Venture Capital Trusts (VCT), as part of a package designed to unlock investment in high-growth companies. (gov.uk) These changes bring larger companies and more employees into eligibility.

Key Changes Under the 2026 Expansion

  • EMI scheme: gross assets test quadrupled (from £30 million to £120 million). Employee limit and share-option limit doubled (from 250 to 500 employees; share limit from £3 million to £6 million). (gov.uk)
  • EIS / VCT changes: lifetime company investment limits doubled to £24 million; annual limits increased to £10 million; asset tests relaxed. Simultaneously, income tax relief for VCT investments reduced from 30% to 20%, rebalancing the incentive structure. (gov.uk)

How Start-Ups Should Respond: Structuring Equity and Fundraising

Determine What’s Best for Your Stage

  • Early-stage high growth: EMI now more accessible if you’re scaling fast, with more employees and bigger asset base;
  • If seeking broad investor base and public trust, EIS/VCT can unlock more funding, though upfront relief on VCTs is now lower.

Allocating Options to Employees

  • Because the employee cap doubles, you can offer EMI share options to more people—including non-executives or international hires—without breaching thresholds.
  • Share valuation and exercise price matters: must be defensible; using independent valuation minimizes HMRC challenge.

Fundraising Strategy Tips

  • Use EIS/VCT-qualified shares to attract investors seeking relief. Even with VCT relief now lower, many investors value diversification and less administrative complexity.
  • Time financing rounds before April 5 injury dates if possible to capture old limits? But new rules apply effective 6 April 2026. (gov.uk)

Real-World Example

A tech start-up founded in 2024 has gross assets of £80 million, 400 employees. Before 2026, it couldn’t use EMI (asset cap was £30 million). After the changes, it becomes eligible for EMI. If it grants options worth £1 million across employees, those could now benefit from EMI treatment rather than higher-tax allocations.

Action Plan for Entrepreneurs

  1. Review current equity compensation plan: does employee count or asset base fall inside new EM I/EIS thresholds?
  2. Reprice or restructure share options or equity to maximize tax benefits for both founders/employees.
  3. Consult HMRC-approved valuation methods—for EMI options to ensure favorable tax treatment.
  4. Communicate clearly with potential investors: EIS/VCT incentives now more generous numerically, though VCT relief dropped; clarify in investor materials.
  5. Monitor compliance timelines: The 2026-27 tax year contains new thresholds; ensure accounting and HR structures reflect changes from day one.

Takeaway: The EMI/EIS/VCT upgrades in the UK unlock new possibilities for start-ups to attract talent, reward employees, and raise capital more efficiently. Understanding the precise limits and structuring entity equity appropriately is critical.

Sources

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