LEGAL TREATMENT OF CRYPTOCURRENCIES WITHIN THE FINANCIAL SYSTEM OF THE REPUBLIC OF CROATIA

Abstract

In the last fourteen years, cryptocurrencies based on block-chain technology have become a global sensation. They are presenting an innovative alternative to printed money and have increasingly attracted the interest of individuals, various legal entities, and national governments. Their emergence is linked with technological advancements during times of economic crises that have led to the reevaluation of existing concepts of money, currency, and financial intermediaries. Today, there is no global definition of cryptocurrencies since different regulatory bodies often change their interpretations of them to adapt to new circumstances. Consequently, the taxation of cryptocurrencies represents a relatively new area that different countries approach in different ways, which causes a dichotomy in understanding their nature. Some countries consider them property, while others consider them income. In the Republic of Croatia, in conformity with the legal heritage of the European Union, the understanding of cryptocurrencies as capital gains is accepted, and they are currently taxed according to income tax law. The number of scams in the cryptocurrency market has significantly increased since their inception, causing the issuance of numerous warnings related to the same by national governments which concurrently strive to achieve a higher level of regulation of this market. Scams in the cryptocurrency market use digital technologies, but they often also involve traditional methods of financial fraud such as Ponzi schemes, false representation, and identity theft. Despite the significant number of these types of fraud, research on them is extremely rare due to the lack of a clear classification of fraud and a supranational regulatory body that would resolve potential disputes and keep records of committed frauds.