Initial Coin Offering in Ireland

 

Initial coin offering (ICO) in Ireland designates a term through which a company can obtain funds from the public. This is done by issuing tokens or virtual coins that can be exchanged with other types of currencies, but in most cases, virtual currencies are used. When opening a company in Ireland that deals with ICOs, investors should also consider the tax regulations available for this type of business activity. 

 

However, it is necessary to mention that up until now, Ireland does not have a tax legislation which specifically addresses to ICOs; instead, the Irish Revenue Commissioners issued a guidance concerning the tax perspective on cryptocurrency investments, under the Taxation of Cryptocurrency Transactions (The Tax and Duty Manual); our team of consultants in Ireland company formation can offer in-depth information on the rules of law that can be applicable to Irish ICOs. 

 

Steps to create an initial coin offering in Ireland

• - the company registration procedure which is the same as for all other types of businesses;
• - the licensing/authorization process (if the company will operate as an exchange trading platform).

 

What should be noted is that in order to open the ICO, the business owner or owners must first create their own virtual coins. However, it is possible to trade existing cryptocurrencies, such as Bitcoin or Ethereum, two of the most used digital money.

Legislation on virtual currencies and the creation of Irish ICOs

1. Directive 2014/65 on Markets in Financial Instruments;
2. Directive 2009/110 on Electronic Money;
3. Directive 2015/2366 on Payment Services;
4. Directive 2014/506 on Market Abuse Regulation;
5. Directive 2014/909 on Central Securities Depositories;
6. Directive 2017/ 1129 on the Prospectus Regulations.

Types of crypto assets that can be used in Ireland

• - cryptocurrencies that can be used as financial instruments or as means of storing money;
• - investment tokens that can be used to hold various rights;
• - utility tokens that can be used in exchange for products or services.

 

One of the advantages of starting an ICO investment in Ireland is given by the fact that, under the view of the Irish legislation, certain types of ICO activities can be exempted from value added tax; however, a close analysis regarding this matter should be conducted in order to verify if the specific ICO activity developed here is actually exempted from this tax and our team of specialists in company registration in Ireland can further advise on this matter. Other relevant advantages of Irish ICOs are presented below: 

 

 

 

There is no statutory legislation regarding the issuance of a license for the operator of a digital platform issuing ICOs. However, investors may need to obtain an authorization for their transaction platform, depending on the nature of their digital assets. In the situation in which such assets are considered transferable securities, the operators will need to be registered with the institutions.

 

Irish citizens’ interest in cryptocurrencies has increased

• - 58% of the respondents are interested in knowing more and even acquiring virtual money in the next 12 months;
• - the average crypto investor in Ireland is 36 years old and an income ranging from €26,000 to €64,999 per year;
• - 79% of the surveyed people keep their crypto assets as long-term investments, while 39% of them are active traders.

 

 

We invite any businessman interested in this subject to contact our Ireland company formation experts for professional consultancy services addressed to this sector.