Biznes za granicą

Regulacja ICO na Malcie w końcu weszła w życie

Choć ICO (Initial Coin Offering) jako sposób pozyskania kapitału zyskał ostatnio wielką popularność, jego przeprowadzenie w Polsce to dalej ogromne ryzyko prawne. Dlatego szukając właściwego kraju do uruchomienia swojego ICO należy wziąć pod uwagę wiele czynników. Należą do nich nie tylko przepisy prawa i regulacje obowiązujące w danym państwie, ale także jego reputacja, podatki, język urzędowy, a także kompetencje lokalnych pracowników.
Rzadko spotykamy się z sytuacją, kiedy przywódca jakiegoś kraju otwarcie pokazuje swoje poparcie i podziw dla kryptowalut. Premier Malty, Joseph Muscat w swoim wystąpieniu w maju 2017 roku wyraźnie powiedział, że kryptowaluty staną się „przyszłymi pieniędzmi”. Premier Muscat w swoim wystąpieniu zapytał swoją publiczność: „Czy ktokolwiek z was kiedykolwiek pomyślał o tym, co daje papierowym pieniądzom swoją wartość, skoro to w końcu tylko kawałki papieru? Dzieje się tak, ponieważ społeczeństwo nadaje mu wartość. Teraz niektórzy ludzie, którzy moim zdaniem są geniuszami, argumentują, że wartość można w podobny sposób przypisać wirtualnym walutom.
Przy takim podejściu władz publicznych trudno się dziwić, że wielkie firmy z branży crypto przenoszą swoje działalności na Maltę. Malta jest pierwszym krajem na świecie, który od 01.10.2018 wprowadził przejrzyste ramy prawne regulujące ICO, tokeny i kryptowaluty. Uchwalone 4 lipca 2018 zostały 3 kluczowe ustawy, w tym Virtual Financial Assets Act (VFA Act) tworząca prawne ramy dla ICO.
Co ciekawe, opracowywane są plany dotyczące ustanowienia nowego organu nadzoru, który miałby za zadanie wyłącznie przegląd ICO na Malcie, co miałoby zapewnić  eliminację nieuczciwych ICO. Oczywistym jest, że celem takiego regulatora jest po prostu promowanie Malty jako sprawiedliwej  i przejrzystej jurysdykcji ICO. Można bezsprzecznie powiedzieć, że Malta zawsze była na czele technologii i innowacji, jest ona pozytywnie nastawiona do kryptowalut i całkowicie otwarta na rozwój w tej dziedzinie. Co więcej, Malta ma również wielu profesjonalistów z dziedziny prawa cyfrowego i ekspertów finansowych, którzy mają kompletną wiedzę w tym zakresie. To tylko niektóre z czynników, które przyczyniają się do tego, że wyspa ta otwarta na sektor kryptograficzny. Malta jest również idealną jurysdykcją dla ICO z uwagi na fakt, że  jest krajem Unii Europejskiej, a banki, inwestorzy i inne instytucje finansowe nie zawsze chętnie podejmą się współpracy z firmami ICO zlokalizowanymi w jurysdykcjach offshore, jednocześnie tańszą niż np. Szwajcaria czy Liechtenstein.
Jednym z elementów, których nie można przeoczyć przy wyborze jurysdykcji są podatki, które niewątpliwie odgrywają ważną rolę w planowaniu strategicznym ICO.  Malta w kwestii podatkowej ma przewagę nad innymi jurysdykcjami: bardzo korzystny system podatkowy Malty oznacza, że nie zapłacisz tutaj podatku od zbycia tokenów w ramach ICO, a stopa opodatkowania osób prawnych tj. emitentów tokenów jest bardzo niska, ponieważ wynosi zaledwie 5 %.  Warto również wspomnieć o podatku od osób fizycznych. Także w tym zakresie Malta „góruje” nad innymi jurysdykcjami. Osoby na najwyższych stanowiskach obowiązane są płacić podatek w wysokości 15% swoich dochodów. Warto podkreślić, że dochody rezydentów uzyskane spoza terytorium Malty nie są w żaden sposób opodatkowane.
Autor: Kaja Żmijewska kaja.zmijewska(a)oniszczuk.com

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