Head of International Corporate Law and Fintech Practice
Expert in fintech, crypto, and international corporate law with over 20 years of experience. Specializes in crypto licensing (VASP/CASP), iGaming business support, and international structuring, asset protection, and OSINT analytics for risk assessment and due diligence.
Investing in cryptocurrency – Legal support
Investing in digital assets has become one of the most promising forms of preserving and increasing capital. However, unlike traditional financial instruments, cryptocurrency has a number of legal risks associated with regulation, taxation, financial monitoring and protection of investor rights. That is why legal support for investments in cryptocurrency is a necessary condition for security for both businesses and private investors.
Main legal risks when investing in cryptocurrency
- Undefined legal status of assets. In most countries, digital assets are still in the stage of legislative formation.
- Risks regarding the origin of funds. Violation of AML/KYC requirements can lead to blocking of accounts or refusal to conduct transactions.
- Tax nuances. Issues of declaring, paying taxes and determining the tax base of profits from transactions with crypto assets often cause difficulties.
- Security of transactions. The absence of legally executed agreements or documented rights can lead to loss of assets.
Legal support for cryptocurrency investments includes a set of actions aimed at minimizing risks and guaranteeing the client’s legal protection:
- consulting on the legal status of crypto assets;
- analysis and selection of the optimal jurisdiction for investments;
- preparation of contracts, smart contracts, investment agreements;
- assistance in money laundering and AML checks;
- tax structuring of transactions;
- representation of the investor in disputes or asset blocking.
Jurisdiction Selection for Crypto Investments
Choosing the right place to store or invest in crypto assets is a strategic decision.
Most often, investors consider the following options:
- Estonia, Lithuania, Poland – countries with a developed licensing base for crypto services;
- Cyprus, Malta, Slovenia – favorable for creating crypto funds or holdings;
- Ukraine – a promising market, where the regulatory framework for digital assets is gradually being formed.
Tax structuring
In the process of legal support, the specialists of “Prikhodko & Partners” pay special attention to the structuring of the tax burden. An individual optimization model is developed that takes into account the nature of the assets, the client’s residency, the place of activity, the presence of international agreements on the avoidance of double taxation and the specifics of different types of income – trading, mining, passive or corporate.
Thanks to the correct tax structure, an investor can significantly reduce costs, avoid double taxation, ensure transparent declaration of profits and at the same time – full compliance with the legislation of the country of residence. Such structuring is especially relevant for participants in international investment schemes, when crypto assets are circulated through subsidiaries or foreign holding structures.
The firm’s team helps to build this process from start to finish: from risk analysis and selection of jurisdiction to creating a corporate structure with the optimal level of taxation and legal withdrawal of profits.
How does Prikhodko & Partners help?
The law firm Prikhodko & Partners offers a full range of services for supporting crypto investments – from consulting to structuring large portfolios:
- development of an individual investment strategy taking into account tax aspects;
- registration of companies in crypto-loyal jurisdictions;
- support in obtaining licenses for the exchange or circulation of virtual assets;
- audit of the origin of funds and preparation for financial monitoring;
- preparation of reporting for tax authorities;
- legal protection in the event of blocking or arrest of crypto assets.
Prikhodko & Partners specialists have experience working with international crypto exchanges, crypto companies, investment funds and private investors. Their competence covers both Ukrainian and European legislation in the field of digital assets.
Investing in cryptocurrency opens up great opportunities, but without legal support is associated with high risks. The Prikhodko & Partners team will help you invest safely, legally and as efficiently as possible, taking into account all the nuances of legal regulation and tax planning.
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