Cryptocurrency Regulation in Ireland

Cryptocurrency Regulation in IrelandAlthough currently cryptocurrency businesses are regulated in Ireland only to some extent, mostly by applying already existing legislation, it’s a desirable jurisdiction due to the relatively low corporate taxation, tax incentives and a wide-open door to the entire market of the European Union (EU) as Irish crypto authorisation enables businesses to provide services to all the member states without having to apply for new licences.

The main piece of legislation regulating activities of the virtual asset service providers (VASPs) is the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (the CJA 2010), as amended by a) Part 2 of the Criminal Justice Act 2013, b) by the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 and by c) Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 which is aligned with the EU’s Fifth Anti-Money Laundering Directive (5AMLD).

The Central Bank of Ireland is responsible for the supervision of the credit and financial institutions, including VASPs operating in and from Ireland.

One of the notable efforts for encouraging the growth of the cryptocurrency industry in Ireland is the creation of Blockchain Ireland, an industry innovation network that supports the development of the blockchain sector by sharing information, organising events and promoting success stories with the aim to establish Ireland as a knowledge hub for cryptoasset businesses.

Ireland cryptocurrency regulation

VASPs are companies that supply the following services:

  • Exchange between virtual assets and fiat money
  • Exchange between one or more types of virtual assets
  • Transfer of virtual assets (conduct of a transaction on behalf of another person that moves a virtual asset from one virtual asset address or account to another)
  • Provision of custodian wallets
  • Participation in, and provision of, financial services related to an issuer’s offer or sale of a virtual asset or both

According to the legislation, a virtual asset is a digital representation of value that can be digitally traded or transferred and can be used for payment or investment purposes but doesn’t include digital representations of fiat currencies, securities or other financial assets.

To comply with AML/CFT legislation VASPs must:

  • Appoint a member of senior management whose primary responsibility is implementing, managing and overseeing compliance with AML/CFT measures
  • Appoint an AML/CFT compliance officer
  • Carry out a relevant risk assessment of their business
  • Undertake customer due diligence of their customers
  • Carry out ongoing monitoring of customers and customer transactions
  • File suspicious transaction reports with Financial Intelligence Unit (FIU) Ireland and the Revenue Commissioner in instances where money laundering or terrorist financing is known or suspected
  • Maintain and implement internal AML/CFT policies, procedures and controls
  • Put procedures in place to identify politically exposed persons
  • Retain appropriate records of client data and regulatory procedures
  • Provide AML/CFT training to all staff on an ongoing basis

Depending on the risk level the supervisory model of the Central Bank of Ireland may include presentations, seminars, risk assessment questionnaires as well as onsite inspections and review meetings.

Persons in senior positions at VASPs are subject to adhering to the Fitness and Probity Regime, enforced by the Central Bank of Ireland, and therefore must obtain an approval from the institution. This is to ensure that senior management has a level of fitness and probity appropriate to the performance of that particular function.

When developing AML/CFT policies, controls and procedures VASPs should focus on the following:

  • Maintenance of detailed documented policies which should demonstrate consideration of and compliance with all legal and regulatory requirements as well as be supported by guidance and have and accurate reflection of operational practices
  • Ensure that policies are readily available to all staff members and are fully implemented and adhered to
  • Establish a clear process of formal policies reviews at least once a year
  • Update the policies on time in response to events or emerging risks and ensure that such updates are instantly communicated to relevant staff members
  • Ensure that the member of senior management has reviewed and approved all policies and updates
  • Ensure that policies are subject to review and testing

VASPs Registration

Cryptocurrency companies intending to operate in Ireland are obligated to register as VASPs with the Central Bank of Ireland. Currently the sole purpose of the registration is the supervision of VASPs under the AML/CFT regulations. The way of getting into the register is submitting an application to the Central Bank of Ireland. Only applicants capable of demonstrating that they are in a position to comply with the relevant legislation are registered as VASPs.

The Central Bank of Ireland strives to process each application in a timely manner. However, according to the Bank, the consideration period is also dependable on the applicant’s ability to supply all the required documents and information thoroughly and transparently. Currently there are no particular application or supervision fees set out by the authority.

Since the strongest emphasis is put on AML/CFT compliance, it’s essential to have the following checked off prior to starting the application process:

  • Design internal AML/CFT policies and controls that correspond with the size and complexities of the business
  • Carry out AML/CFT business risk assessment
  • Prepare organisational chart reflecting corporate responsibilities and demonstrating how it can ensure functioning compliant with AML/CFT
  • Details of VASP’s beneficial owners and senior management
  • Business plan demonstrating transaction workflows
  • Information about outsourced roles and outsourcing service companies

Applicants can request an optional pre-application meeting with the Central Bank of Ireland who will answer relevant questions about the registration process and the completion of the VASP AML/CFT registration form. Applicants willing to have such a meeting arranged should prepare their registration documents and questions in advance and send an email to [email protected].

Key steps of the application process:

  • An applicant submits a VASP pre-registration form to the Central Bank of Ireland and emails the completed form to [email protected]
  • The Central Bank of Ireland issues an email to the applicant containing an institution number, a reporting date and instructions on how to access and submit a VASP AML/CFT registration form via the Central Bank of Ireland Online Reporting System (ONR)
  • The applicant submits a VASP AML/CFT registration form and all supporting documentation through the ONR
  • The Central Bank of Ireland acknowledges receipt of the VASP registration submission via email
  • The Central Bank of Ireland assesses whether the VASP registration submission contains all required information and documentation to progress to the assessment phase, and notifies the applicant via email; the application assessment process won’t start until the receipt of the completed application
  • If all the required information and documentation is provided, the Central Bank of Ireland assesses the application and may request additional documentation or clarification
  • The applicant fulfils further requests for information
  • The Central Bank of Ireland assesses the additional information and provides an update to the applicant who can again be asked to resolve further issues or meet specific post-registration conditions
    • The notification may also include specific conditions that the applicant must meet once the registration is granted in which case the applicant is given 21 days to address the demands
    • If the authority is intending to refuse the registration, the applicant is also given 21 days to respond to such decision by explaining why the registration should be granted
  • The Central Bank of Ireland notifies the applicant of its final decision in writing which can be one of the following
    • Registration – the Central Bank of Ireland has decided to grant registration
    • Registration with Specific Conditions – the Central Bank of Ireland has decided to grant registration with specific conditions attached to the registration (the conditions will be set out in the letter)
    • Proposed Refusal of Registration – the Central Bank of Ireland gives an explanation as to why the registration is refused

A registration comes into force on the day on which the registration is granted, or on a later date specified by the Central Bank of Ireland who can revoke the registration any time in case of changed circumstances. The Bank may also amend a registration by varying, replacing or revoking any conditions or by adding a new condition if it’s necessary for the proper regulation of VASP, especially for preventing the business from being used for money laundering or terrorist financing.  Upon receipt of the Bank’s notice, the licensee has 21 days to respond to the Bank with evidence showing why the proposed changes shouldn’t be made.

Applicants for the registration of VASPs should submit the following forms:

  • VASP AML/CFT registration application form (including the required information and documentation demonstrating effective AML/CFT policies and procedures)
  • The following beneficial owners application forms:
    • Application for each legal person or other company type who is a beneficial owner in an applicant VASP
    • Application for each natural person who is a beneficial owner in an applicant VASP
  • To comply with the Fitness and Probity Regime, the applicant must ensure that all relevant individuals proposed to hold senior management positions complete fitness and probity individual questionnaires which must be submitted electronically via ONR

Detailed instructions on how to submit the application forms and supporting documentation via ONR are laid out in the guide created by the Central Bank of Ireland.

The purpose of the Fitness and Probity Regime is to ensure that individuals in key and customer facing positions (referred to in the legislation as Controlled Functions (CFs) and Pre-Approval Controlled Functions (PCFs)) are competent and capable, honest, ethical and of integrity as well as financially prudent.

When a CF or a PCF is outsourced to a company that’s not regulated by the Central Bank of Ireland, the VASP must obtain a written approval from the Central Bank of Ireland prior to appointing that individual as persons performing CFs and PCFs under outsourcing arrangements also must be compliant with the Fitness and Probity Regime. Moreover, if a VASP proposes to appoint a person to a CF or PCF at a location outside of Ireland, it must obtain the Central Bank’s prior approval in writing.

However, the Fitness and Probity Regime doesn’t apply to persons performing CFs on behalf of a VASP authorised by the competent authority of another EEA country, and which provides services in Ireland on a cross border or branch basis.

According to the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021, a person isn’t fit and proper if any of the following apply:

  • The person has been convicted of any of the following offences
    • Money laundering
    • Terrorist financing
    • An offence involving fraud, dishonesty or breach of trust
    • An offence in respect of conduct in a country other than Ireland that would constitute an offence of a kind referred to above if the conduct occurred in Ireland
  • In a case where the individual is under 18 years of age
  • The person has suspended payments due to his/her creditors, is unable to meet other obligations to his/her creditors, or is an individual who is an undischarged bankrupt
  • The person is otherwise not a fit and proper person

Registered VASPs are required to retain certain records for at least 6 years as specified by the Central Bank of Ireland. They must be kept either at the registered office or other premises in Ireland. All changes of address have to be communicated to the Central Bank of Ireland in writing.

How to Open a Cryptocurrency Company in Ireland

One of the most prevailing types of legal business structures in Ireland is a Private Company Limited by Shares (LTD). It requires no minimum share capital and can be established by a sole founder/shareholder.

Required documents:

  • Certified photocopies of the passports of company’s directors, secretary and shareholders
  • Certified proof of address of each director and a shareholder
  • Company name registration certificate
  • Proof of the address of the registered office
  • Written consent of directors and shareholders

Steps of opening a new VASP company in Ireland:

  • Reserving a unique name which must be non-offensive, also certain words aren’t permitted (at least 3 names must be proposed in case any of them aren’t available)
  • Registering a physical office in Ireland
  • Preparing either Memorandum of Association or Articles of Association in front of a public notary in Ireland
  • Completing an application form (Form A1) and submitting it to the Companies Registration Office (CRO) who will process the application within 5-10 days and will consequently issue a certificate of incorporation (this can be done online via Companies Online Registration Environment)
  • Appointing at least one director (can be a shareholder) who doesn’t have to be a resident of Ireland but should live in a country of the European Economic Area (EEA); if all the directors are based outside of the EEA, then they must purchase a non-EEA residents bond before establishing a company in Ireland
  • In addition to a director, hiring a company secretary (a resident of the EEA) who will file Annual Returns; a failure to file them results in receiving a fine and in having to have company’s financial statements audited for two years
  • Opening a corporate bank account at a local bank (original certificate of incorporation, company’s constitution and a copy of the A1 form will be required)
  • Registering a company with the Office of the Revenue Commissioners for taxation purposes
  • Applying for a registration as a VASP

Reporting Requirements

Apart from AML/CFT reports, Ireland-based VASPs aren’t required to meet any specific reporting requirements. However, the usual corporate reporting requirements are still applicable.

Private Limited Liability Companies are obligated to appoint an auditor and have their accounts audited every year. Audited accounts have to be submitted along with the annual return form which must be done by the company at least once during the calendar year at the CRO.

In order to be eligible for the audit exemption, a company must meet all of the below conditions:

  • The company should be a company to which the Companies (Amendment) Act 1986 applies
  • The company’s turnover is less than 8.8 mill. EUR
  • The assets of the company are less than 4.4 mill. EUR at the end of its financial year
  • The average number of employees is up to 50
  • The company must not be a parent company or subsidiary company

The conditions apply to both the current financial year and the preceding financial year, unless the year in respect of which the exemption is being claimed is the company’s first financial year.

Taxation

The taxes in Ireland are administered by the Office of the Revenue Commissioners and the tax year runs from the 6th of April to the 5th of April the following year. Ireland hasn’t imposed any specific taxes on VASPs but such businesses are still required to pay regular taxes.

Depending on the nature of activities, the following taxes may be applicable:

  • Corporation Tax – 12.15%
  • Capital Gains Tax – 33%
  • Dividend Withholding Tax – 25%
  • Social Security Contributions – 11.05%
  • Stamp Duty – 7.5%
  • VAT – 23%

The tax liability on chargeable gains from assets are generally included in the company’s Corporation Tax payment. This means the chargeable gain will be calculated at the Corporation Tax rate. Due to the difference between Corporation Tax and Capital Gains Tax, the capital gain needs to be adjusted. An adjusted gain must be reported in the capital gains section of the online CT1 form.

How to calculate the adjusted gain:

  • Calculate what the amount of Capital Gains Tax liability would be at the Capital Gains Tax rate
  • Divide this amount by the Corporation Tax rate

One of the most notable advantages of the Irish taxation system is a three-year exemption from the Corporation Tax which for the new companies can be reduced to 0% if their Corporation Tax due is 40,000 EUR or less in a single tax year. When the Corporation Tax is between 40,000 EUR and 60,000 EUR, marginal relief is given.

Furthermore, cryptocurrency business may benefit from other tax exemptions:

  • Bitcoin and other cryptocurrencies are VAT exempt
  • Through R&D tax credit scheme qualifying R&D expenditure can generate a 25% tax credit to offset against the Corporation Tax

Certain corporate pre-trading expenses (e.g. advertising, business plan preparation costs, accountancy fees) are allowable in calculating taxable trading profits once the trade has commenced. A deduction is allowed for pre-trading expenses incurred in the 3 years prior to commencement of the trade.

Our team of dedicated and quality-focused lawyers will be delighted to provide you with tailored, value-added support in establishing a cryptocurrency company in Ireland, including registration with the Central Bank of Ireland. From the very start of the process you’ll be backed with the expertise in local legislation, company formation, reporting and tax advice.

Establish a Crypto Company in Ireland

Ireland is one of the most business-friendly countries due to its positive stance towards innovation and a favourable taxation framework, the highlight of which is the three-year exemption from the Corporation Tax.

The Irish jurisdiction also boasts the following advantages:

  • A stable economic environment where numerous multinationals, including one of the oldest cryptocurrency exchanges BitEx, effectively grow their businesses
  • Favourable taxation system, including sizable tax incentives for startups and generous R&D capital allowances (the total tax benefit of 37,5%)
  • A gateway to the EU, the largest economy in the world
  • Ireland is ranked 24th out of 190 countries in the World Bank Ease of Doing Business 2019 index
  • Competitive operational costs

Irish businesses (incorporation, everyday administration, management and winding up or dissolution) are governed by the Companies Act 2014 which is part of the government’s efforts to turn the country into the most business-friendly jurisdiction in the world by simplifying processes pertaining to running a business.

Types of Business Entities

In Ireland, practically any type of legal business structure can be selected for crypto activities as long as it matches the complexities of the business model and is capable of implementing appropriate risk management mechanisms.

An Irish company of any type should have a director who’s a resident of an EEA country, otherwise, it will be required to purchase a surety bond prior to being registered in Ireland, the cost of which is 25,000 EUR. The bond provides that if the company fails to pay a penalty or a fine imposed due to the offence under the Companies Act 2014 or the Taxes Consolidation Act 1997, an amount of money up to the value of the bond will be paid by the surety in the discharge of the company’s liability.

Neither an EEA resident director nor a bond is required if the CRO issues a certificate proving that the company is meaningfully linked to at least one economic activity in Ireland.

Another general requirement is that a qualified secretary should be a resident of the EEA. One of the main responsibilities of the secretary is to file annual returns (a failure to file them will result in receiving a fine and in having to have the company’s financial statements audited for two years).

Documents required to establish a limited liability company in Ireland:

  • Company’s Constitution
  • A statement that includes the names of directors and a secretary, ​​the address of the company’s registered office and the address of the central administration of the company
  • Financial accounting documents (e.g. the annual return which must be deposited regardless of whether the company is engaged in economic activities or not)
  • Certified photocopies of the passports of the company’s directors, secretary and shareholders
  • Proof of residential address of each director, secretary and a shareholder
  • Registration certificate of the company’s name
  • Proof of the address of the registered office to which all formal correspondence will be sent
  • Written consent of each director and a secretary to take up the roles
  • Written consent of shareholders
  • VASP AML/CFT registration form

Private Company Limited by Shares (LTD)

One of the most common types of legal business structures in Ireland is a Private Company Limited by Shares (LTD) which is regulated by Part 2 of the Companies Act 2014. It requires no minimum share capital and can be established by a sole founder/shareholder. The liability of shareholders is limited to the amount, if any, unpaid on the shares registered in the shareholders’ names. This means that only the company itself can be sued for its obligations and can sue to demand its rights.

Key features of a Private Company Limited by Shares (LTD):

  • The company’s Constitution consists only of the Articles of Association (the format of it can be found here)
  • The name of such company must end with Limited (Ltd) or Teoranta (Teo)
  • No more than one director is allowed (not mandatory to be a resident of Ireland)
  • A secretary can’t be the same person as the director if there’s only one director
  • 1-149 shareholders (members) allowed
  • It’s not mandatory to hold an Annual General Meeting (AGM) if all members, entitled to attend and to vote, sign a unanimous resolution that confirms receipt of the financial statements, and resolves all matters that would have been resolved at the AGM
  • A statutory audit isn’t mandatory if a company qualifies as a small company

A company is considered a small company if at least two of the following amounts aren’t exceeded:

  • Turnover – 12 mill. EUR
  • Balance sheet – 6 mill. EUR
  • The average number of employees – 50

Public Limited Company (PLC)

A structure of the Public Limited Company (PLC) is selected when there’s an intention to be listed on a stock exchange to offer its shares to the general public and expand on a large scale. The liability of shareholders is limited to the amount, if any, unpaid on shares held by them.

Key features of a Public Limited Company (PLC):

  • The company’s Constitution includes a Memorandum of Association and Articles of Association (the format of it can be found here)
  • The name of the company must end with Public Limited Company (PLC) or Cuideachta Phoiblí Teoranta (CPT)
  • At least one shareholder (the number of shareholders is unlimited)
  • At least two directors
  • A secretary may be one of the directors
  • Minimum issued share capital – 25,000 EUR (at least 25% of it must be fully paid up before the start of economic activities)
  • A registered office in Ireland is a must
  • An Annual General Meeting (AGM) is required under any circumstances
  • Not eligible for audit exemption or dormant company audit exemption

A Public Limited Company (PLC) can facilitate online participation in AGMs by offering the following methods:

  • A voting mechanism (whether before or during the meeting) that shouldn’t require the member to be physically present at the meeting or appoint a representative to be physically present at the meeting
  • Real-time transmission of the meeting
  • Real-time two-way communication enabling the participants to address the meeting from a remote location

The key requirements for such online meetings are the means to ensure the identification of the participants and the security of the electronic communication.

A Public Limited Company (PLC) can’t start any business or avail of any borrowing powers until a certificate allowing it to start economic activities has been issued by the Companies Registration Office (CRO). To receive such a certificate, the company must submit Form A4 confirming that the nominal value of the company’s allotted share capital is at least 25,000 EUR.

What You Need to Do

It’s relatively easy to establish a crypto company in Ireland, provided that all the required documentation is duly prepared and the company is eligible for obtaining a licence. It usually takes up to 10 days for the CRO to register a new company in Ireland and consequently issue a certificate of incorporation.

To establish a crypto company in Ireland, you should take the following steps:

  • Reserve a unique name that must be non-offensive and not contain certain words that aren’t permitted (at least 3 names must be proposed to ensure at least one of them can be reserved)
    • The application fee for reservation of a company name is 25 EUR and it can remain reserved for a period of up to 28 days
  • Determine how many shares a company will release
  • Find and register a physical office in Ireland
  • Sign the company’s founding documents in front of an Irish notary
  • Pay an application fee of 50 EUR for company registration
  • Complete an application form (Form A1) and submit it along with required documents to the Companies Registration Office (CRO)
    • The application can be submitted online via Companies Online Registration Environment which we can gladly help you with
    • Form A1 must include details of the company name, its registered office, details of the intended economic activities, information about directors and secretary, their consent to take up these roles, details of the subscribers and their shares as well as a declaration that the company complies with the Companies Act 2014
    • The documents remain retained by the CRO and are made available for public inspection
  • Hire a director, a secretary and other staff required by law
  • Open a corporate bank account at an Irish bank (original certificate of incorporation, company’s Constitution and a copy of Form A1 are required)
  • Register the company with the Office of the Revenue Commissioners for tax purposes
  • Apply for registration as a Virtual Asset Service Provider (VASP)

Only licensed crypto companies are permitted to engage in economic activities in Ireland. To get an Irish crypto licence, a company must get into the Registry of Virtual Asset Service Providers (VASPs), maintained by the Central Bank of Ireland, the goal of which is to impose AML/CFT regulations. The application process starts with the submission of a VASP pre-registration form, and its duration varies depending on the number and quality of pending applications. Currently, the authority doesn’t impose any particular share capital requirements and doesn’t apply any application or periodic supervision fees.

All incorporation and licensing documents should be submitted in the Irish or English language. If you need a certified translator, please reach out to our team and we’ll arrange such services for you.

Once your company is fully licensed and operating, you should keep an eye on such initiatives as Techstars and Blockchain Ireland, designed to offer support to entrepreneurs developing revolutionary blockchain products. Blockchain Ireland is an industry innovation network that supports the development of the blockchain sector, including cryptocurrencies, by sharing information, organising events and promoting success stories with the aim to establish Ireland as a knowledge hub for cryptoasset businesses.

Taxation of Irish Crypto Companies

Taxes in Ireland are collected and administered by the Revenue Commissioners. The tax treatment is determined by the nature of the economic activities, involved parties and the company’s residence status. A company is considered a tax resident in Ireland if it’s incorporated there unless it’s already considered a tax resident in a country which Ireland has a double taxation agreement with. If a company is incorporated elsewhere but is centrally managed and controlled in Ireland, it’s also considered an Irish tax resident.

Ireland has over 70 international agreements on the elimination of double taxation which will enable your company to protect its income from being taxed in two different countries. The agreements cover Capital Gains Tax, Corporation Tax, Universal Social Charge and Income Tax.

Irish crypto companies are obligated to follow general Irish taxation principles and pay the following general taxes:

  • Corporation Tax (CT) – 12,5%
  • Capital Gains Tax (CGT) – 33%
  • Universal Social Charge (USC) – 0,5%-11%
  • Value Added Tax (VAT) – 23%
  • Stamp Duty (SD) – 7,5%
  • Withholding Tax (WHT) – 25%

Irish tax residents pay the Corporation Tax on their worldwide profits (income and capital gains), while non-residents trading through Ireland-based branches or agencies must pay the tax on the profits allocated to these Irish locations and on certain income sourced in Ireland. The Capital Gains Tax liability on chargeable gains from assets is generally included in the company’s Corporation Tax payment.

In Ireland, cryptocurrency transactions are exempt from VAT as the Court of Justice of the European Union (CJEU) ruled out that such cryptocurrencies as Bitcoin are treated as fiat money for VAT purposes.

For tax purposes, any company offering crypto products or services is obligated to keep records of all transactions involving virtual assets. If the records are stored in a crypto wallet or vault on a device such as a laptop or mobile phone, they must be shared with the Revenue Commissioners upon their request. These records have to be kept for six years in line with legislation.

If you’re willing to establish a crypto company in Ireland, our trusted and dynamic team of Regulated United Europe (RUE) is here to provide guidance to you. We offer comprehensive advice on company formation, licensing and taxation. Moreover, we’ll be more than happy to step in if you’re in need of accounting services. Rest assured, we guarantee efficiency, confidentiality as well as meticulous attention to every detail that impacts your business success. Contact us now to book a personalised consultation.

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