Swiss Private Banks Untroubled by US Demands Over Secrecy and “Immediate” Transfer of Information

While UBS is still embroiled in its own troubles, it looks like Swiss private banks are enjoying the demise of their larger international brothers. While UBS has been strong-armed into confession and penalties because of its activities in the US, small Swiss private banks are feeling righteously confident that US authority cannot touch them.

Private bankers from the Swiss bankers association have put on a unified effort to defend secrecy laws, which are still punishable by up to 3 years in jail for breaking confidentiality. In fact, they are keen to point out, its still illegal to share financial information concerning their clients with the Swiss government let alone a foreign tax authority.

But there’s a monster on the horizon.

The Swiss government has agreed to follow the OECD model on exchange of tax-related information, and to comply with this agreement at least 12 tax treaties with other nations will have to be renegotiated - the upshot being that in future Swiss banks will have to divulge the financial records of their clients if foreign authorities can provide evidence of tax evasion.

Not only that, but US authorities like the IRS are pressing for “automatic” exchange of information of suspected tax evasion, which Switzerland previously did not treat as a crime, only cooperating in cases of suspected tax fraud (e.g. willfully forging a tax return). This will not be the first time American has pressured Switzerland to change its sovereign laws. In 2004 the treasured “numbered bank account” was essentially phased out by US instigated anti-money laundering legislation.

Despite this, the secret weapon could be the Swiss themselves. Secrecy is ingrained in the Swiss psyche. And why not? It has brought them a lot of money over the years.

It’s not only the financial sector which has a stake in this, but the people who recognize that a huge flight of capital from their country isn’t going to benefit them one bit. Individual treaties could find themselves the subject of a national referendum - only 50,000 signatures required to vote. With over three
quarters of Swiss citizens believing their nation’s Secrecy laws should not be changed (according to an SBA poll), the battle is not over yet.

Source: Bloomberg.

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Offshore Bank Accounts: Obama Lays Down His Cards

Obama has announced moves against offshore tax haven abuse by big corporations and wealthy individuals.

On the premise of ending tax breaks for companies that re-locate overseas, and therefore lose American jobs, the administration is introducing a set of measures designed to keep US companies firmly grounded to their US tax base.

The changes are aimed to pull in a total $210bn over the next 10 years, which may be used to help fund middle-income tax cuts and a permanent tax credit for corporate research and development.

The big change Obama will introduce is concerning laws which currently let companies park foreign-earned profits abroad, and defer tax until these funds are repatriated. The system, known as “deferral”, lends a lifeline to many large companies. As a result Obama is likely to face extreme resistance from corporate lobbyists and executives if he wants to pass this legislation, despite widespread popular support for the measures which are seen as taxing the “fatcats” who started the financial crisis.

BUt Obama argues that the current system penalises US companies that stay in America.

“It’s a tax code that says you should pay lower taxes if you create a job in Bangalore, India, than if you create one in Buffalo, New York,” the president said.

He says he is attempting to “level the playing field” with these measures, arguing that in reality many use the laws to kite money into offshore tax havens like the Cayman Islands, Bermuda and the British Virgin Islands.

This is unlikely to persuade company directors and executives however, who see the moves as yet further intrusive attempts at tax collection in difficult times.

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British PM Brown Gives UK Tax Havens Sanctions Warning

UK Tax Havens have been warned by British PM Gordon Brown that they must adopt global standards for financial regulation or face sanctions. Central will be a clause that lets high-tax nations access offshore bank account information over tax-related matters.

Gibraltar, Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Montserrat and the Turks and Caicos Islands were all placed on an OECD greylist, indicating that they have promised increased transparency but not yet followed pledges with action.

Mr Brown has set a November deadline for the jurisdictions to sign at least 12 bilateral tax information exchange agreements.

Some of these jurisdictions may feel aggrieved at their position, considering other famous tax haven dependencies such as the Jersey and Guernsey were placed on the OECD “white list”.

The call to action comes days before the publication of an interim report on the UK’s offshore tax havens, written by Michael Foot, a former Bank of England Director.

The interim report is due to be published Wednesday April 22nd.

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Blacklisted Tax Havens Agree To OECD Principles

Four Tax Havens blacklisted by the OECD have been officially de-listed after agreeing in principle to sign up to OECD regulations governing international financial transparency.

Philippines, Uruguay, Costa Rica and Malaysia have been taken off the list according to an OECD press release.

“These four jurisdictions have now made a full commitment to exchange information according to the OECD standard…This is very important progress,” said OECD head Angel Gurria

Offshore tax havens are critized by NGO’s and anti-poverty groups for providing corrupt dictators with a place to store their ill gotten gains, and for taking tax income away from third world nations.

Not much attention is given to the OECD however, whose decadent Parisien headquarters and workforce are housed 100% tax-free.

OECD International Tax Headquarters

OECD International Tax Headquarters

The OECD has divided nations into three categories: those that comply with rules on sharing tax information, those that say they will but have yet to act, and those that have not yet agreed to change banking secrecy practices.

Furthermore it distinguishes between “tax havens” and “offshore financial centres” - although it is now entirely clear how they have done this.

The formerly blacklisted jurisdictions will now be added to the grey list.

Full list as it stands:

Gray list

Costa Rica, Malaysia (Labuan), Philippines, Uruguay, Andorra, Anguilla, Antigua and Barbuda, Aruba, Bahamas, Bahrain, Belize, Bermuda, British Virgin Islands, Cayman Islands, Cook Islands, Dominica, Gibraltar, Grenada, Liberia, Liechtenstein, Marshall Islands, Monaco, Montserrat, Nauru, Netherlands Antilles, Niue, Panama, St. Kitts and Nevis, St. Lucia, St. Vincent & Grenadines, Samoa, San Marino, Turks and Caicos Islands, Vanuatu.

Countries which haven’t fully applied OECD rules, butdon’t count as “tax havens” (by OECD definition): Austria, Belgium, Brunei, Chile, Guatemala, Luxembourg, Singapore and Switzerland.

White list

Argentina, Australia, Barbados, Canada, China (excluding Hong Kong and Macau), Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Guernsey, Hungary, Iceland, Ireland, Isle of Man, Italy, Japan, Jersey, Korea, Malta, Mauritius, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Russia, Seychelles, Slovak Republic, South Africa, Spain, Sweden, Turkey, United Arab Emirates, Britain, United States, and the U.S. Virgin Islands.

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Liechtenstein Offshore Bank Accounts And Trusts

Interesting Report on how Liechtenstein’s wealthy offshore banking clients use offshore trusts to protect their identities. How long will this kind of financial privacy last?

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