An SMSF generally cannot acquire shares issued under a remuneration-based employee share scheme, except in limited circumstances such as when the shares come from a listed company and meet related-party rules. Experts warn that these arrangements often create compliance risks, including breaches around asset acquisition, valuation at market value, and potential non-arm’s-length income issues if discounts apply. Trustees are urged to assess eligibility and compliance upfront, as problems commonly arise when transactions are completed before proper advice is sought.

OpenAI is reportedly paying employees an average of $1.5 million each in stock-based compensation, making it the most generous major tech startup by far and pushing equity pay to nearly half of projected 2025 revenue. The payouts—driven by fierce competition for elite AI talent, especially from Meta—dwarf pre-IPO compensation at companies like Google and Facebook and are projected to add about $3 billion a year in stock costs through 2030. While the strategy helps OpenAI retain top researchers during the AI arms race, it has also significantly inflated losses and highlights how far the company has moved from its nonprofit origins toward an equity-heavy, hybrid commercial model.

From YA 2026 (FY 2025 onwards), Singapore companies can claim a tax deduction for payments to a holding company or SPV for newly issued shares used to satisfy Employee Equity-Based Remuneration (EEBR) obligations, under the newly introduced section 14MA of the Income Tax Act. The deductible amount is capped at the lower of the company’s actual payment or the market/net asset value of the shares, with the deduction allowed when legal ownership passes to the employee or the company becomes liable to pay the recharge. This update, clarified in IRAS’s fourth e-Tax Guide, aligns with existing provisions for treasury and previously issued shares, strengthens Singapore’s competitiveness for talent-driven sectors, and provides clear guidance on calculation, timing, and administrative compliance.

In 2024, New Zealand businesses faced political uncertainty and a challenging economic climate, yet continued to implement employee share plans (ESPs) to retain key talent amid ongoing migration and talent competition. Long-term incentives (LTIs) showed greater variation in face values, with ESG metrics increasingly incorporated into performance and vesting conditions alongside financial targets, reflecting formalised climate and sustainability reporting requirements. Effective ESPs, particularly when clearly communicated and supported by technology, boost employee engagement and loyalty, while recent tax changes—such as higher tax-free thresholds and proposed deferral regimes—aim to make these schemes more attractive and accessible.

Australian tech startups can use Employee Share Schemes (ESS) to attract and retain skilled talent by offering employees equity that aligns their interests with the company’s growth, especially when cash is tight. The ESS startup concessional regime makes this tax-effective by taxing employees only at a liquidity event and allowing shares to be offered at a discount, giving employees real ownership and potential upside. Eligible companies and employees must meet specific criteria, and when set up correctly, ESS can turn staff into true partners in growth, helping startups move from early-stage survival to long-term success.

Employee share ownership plans can be highly rewarding but may also be poorly designed, opaque, or complex, leaving employees confused about potential risks and rewards. Key red flags include unrealistic projections, performance-based vesting triggers, unclear “bad leaver” definitions, and unexpected tax liabilities, particularly for senior staff in private equity or large option schemes. Experts recommend seeking legal advice, understanding vesting conditions, assessing company transparency on financial performance, and questioning the rationale behind share allocations before participating.

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.

The annual deadline for employers and trustees to report all 2025 share scheme activity to Revenue is 31 March 2026, with different forms required depending on the type of share incentive and event, filed either online via ROS or by paper. Non-compliance can result in financial penalties, loss of tax-advantaged scheme approval, and Revenue intervention, with share schemes under increased scrutiny in recent years. Employers and trustees should now review and reconcile their 2025 activity with payroll records, ensure correct tax reporting, and consider whether their share schemes remain aligned with business objectives.