Section 6039 of the Internal Revenue Code requires companies to provide Forms 3921 and 3922 to employees who exercised incentive stock options or first transferred ESPP shares during 2025, with employee statements due by February 2, 2026. Employers must also file these forms with the IRS by March 2, 2026 (paper) or March 31, 2026 (electronic), with electronic filing mandatory for companies submitting ten or more forms of a given type. Failure to file or furnish the forms on time can result in significant per-form penalties, making timely compliance critical for corporations administering equity plans.

Over 50 major UK companies, including Vodafone, Diageo, and Wickes, have urged Chancellor Rachel Reeves to make it easier for employees to buy shares in their employers by reducing the mandatory five-year holding period on Share Incentive Plans (SIPs) to two years. They argue that shorter holding periods would increase participation, giving workers a stake in their company while also helping firms attract and retain talent. The move aligns with the Government’s broader goal of encouraging ordinary people to invest and creating a more financially engaged workforce in the UK.

Practitioners advising on Irish employee and executive share schemes have been warned to exercise caution after the Law Society highlighted evolving anti-money laundering (AML) guidance. Under Ireland’s Criminal Justice Act 2010, nominee companies holding shares on behalf of employees may now be considered trust or company service providers (TSCPs), requiring authorisation from the Department of Justice. While the law hasn’t changed, the shift in AML practice means employers and advisors must carefully review nominee arrangements to ensure compliance and avoid potential offences.

The Budget made contrasting changes for employee ownership, reducing the capital gains tax relief for shareholders selling to Employee Ownership Trusts (EOTs) from 100% to 50%, which could disadvantage those mid-sale and dampen enthusiasm for EOTs. Conversely, reforms to Enterprise Management Incentive (EMI) share option schemes were welcomed, with expanded eligibility, higher thresholds, longer option terms, and reduced administrative burdens, making EMI schemes more attractive for companies and employees. The inconsistency—cutting incentives for full employee ownership while enhancing tax advantages for EMI share options—has drawn criticism for sending mixed signals about the government’s support for employee ownership.

Unacademy recently cut the ESOP exercise window for former employees from 10 years to just 30 days, sparking legal and ethical concerns over fairness, as employees may lose practical opportunity to realize wealth from their options. The change exposes ex-employees to immediate tax liabilities on potentially illiquid shares, while investors with preferred stock retain protections, leaving employees at the bottom of the payout hierarchy. This controversy highlights broader risks in startup ESOPs, emphasizing the importance of legal safeguards, careful evaluation of exercise terms, and awareness that paper value may not translate to real financial benefit.

The UK Budget’s expansion of EMI share scheme eligibility will allow up to 8,250 additional businesses, including many scale-ups and founder-led companies, to offer tax-efficient employee share options, doubling the employee limit to 500 and increasing the assets cap to £120 million from April 2026. This move provides a powerful alternative to rising salaries, helping employers attract, retain, and engage talent by giving employees a stake in long-term business growth, which is linked to higher productivity and stronger retention. HR leaders must strategically design and communicate these schemes to ensure fairness, clarity, and maximum cultural and financial impact, making EMI a key tool in modern total reward strategies.

Employee share ownership plans are widely used in the UK but poorly understood by MPs, and outdated design is contributing to falling participation despite clear benefits for workers, businesses, and productivity. SAYE and SIP schemes in particular have not kept pace with a more mobile workforce, with long lock-in periods and complexity discouraging take-up even as government policy seeks to broaden share ownership. With strong cross-business support and clear economic upside, the new government has a timely opportunity to modernise these plans—such as shortening holding periods—to revitalise employee ownership and inclusive growth.