EUROPEANCHAPTER

This HMRC helpsheet explains how employee share schemes and share options are treated for Capital Gains Tax, covering approved schemes (like SIP, SAYE, CSOP, EMI) and unapproved arrangements. In general, your CGT cost is what you paid for the shares plus any amount already taxed as employment income, with special rules for different schemes (for example, SIP shares can be CGT-free if held correctly, and EMI options get favourable treatment including from grant date for relief purposes). It also sets out administrative rules such as reporting requirements, elections (like same-day share acquisition elections), transfers to ISAs or pensions, and reliefs for certain disposals, all of which affect how and when tax is calculated on employee-related shares.

The Squire Patton Boggs report on “Hot Employment Law Topics for 2026” highlights that a central global theme is ongoing regulatory “change,” with many jurisdictions introducing new employment laws that generally increase worker protections and expand employer obligations. Key focus areas include pay transparency and pay equity requirements, growing AI and technology regulation in the workplace, and stricter rules around compliance, data protection, and employee rights. Overall, the report emphasises that employers should expect higher legal, financial, and compliance risks in 2026 and will need to proactively adapt policies and workforce practices to keep up.

Companies with UK employees participating in share plans must complete their annual Employment Related Securities (ERS) reporting with HM Revenue & Customs by 6 July 2026 to avoid penalties and maintain compliance. Employers must register new plans, file annual or nil returns for all registered schemes, and self-certify tax-advantaged plans such as SIP, SAYE, and CSOP while ensuring accurate reporting of all relevant share-related events. Missing deadlines or making common filing errors can lead to escalating fines and the loss of valuable tax advantages for both employers and employees.

Employers must report all 2025/26 employment-related securities activity to HM Revenue & Customs by 6 July 2026, including registering new share plans, filing annual or nil returns, and ensuring complete and accurate disclosures to avoid automatic penalties. Reporting is especially complex for areas such as internationally mobile employees, net-settled awards, and corporate transactions, which require careful coordination across payroll, tax, legal, and HR teams. Employers should review all share plan activity now to confirm compliance, align reporting with payroll and corporation tax records, and address any issues before the filing deadline.