Kathy Potter

She has a particular specialism in share incentives and the tax consequences of issuing shares to both employees and advisors. This includes structuring, implementing and drafting scheme documents under the tax approved EMI and CSOP schemes for employees and agreeing valuations with HM Revenue and Customs. Kathy assisted the Worked Example Group’s discussions with HMRC to agree a development company’ valuation example, which now appears in HMRC’s Shares and Assets Valuation Manual. She is also a member of life science network OBN’s investment and tax advisory group.

Another of Kathy’s work areas includes advising on share incentive arrangements where EMI or CSOP is unavailable for employees, non-executive directors or consultants. This takes the form of unapproved options, share issues including growth share schemes and other incentive alternatives such as phantom share schemes. She regularly deals with cross-border incentives, especially those involving the US.

The advice Kathy gives on tax efficient investments includes her particular focus on the EIS and SEIS schemes, checking eligibility for the schemes, reviewing documentation to ensure compliance, preparing advance assurance applications and applying to HMRC for both EIS and SEIS relief. For companies further into the growth cycle, she advises on the tax position for corporate acquisitions and disposals, reorganisations and restructurings, and corporate finance. Kathy supports shareholders in the tax position for a planned exit including advising on the availability of business asset disposal relief.