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Yearly Archives: 2013

Caymans Makes It Tougher for Wealthy to Hide Money!

The Cayman Islands, known as a haven for wealthy Americans seeking to stash cash overseas without scrutiny from the U.S. government, is about to become less secret.
 
An agreement between the countries will put in place the Foreign Account Tax Compliance Act, or FATCA. The 2010 law makes it tougher to hide money overseas because foreign banks must report their accounts to the U.S. Internal Revenue Service or face, in some cases, a 30 percent withholding tax.  

The accord is significant because the Cayman Islands is a major financial center and home to operations for dozens of banks, funds and wealth-management entities, according to Bloomberg BNA.
 
Among major banks that do business in the Cayman Islands are:
 
* the Royal Bank of Canada,
* HSBC Holdings Plc (HSBA),
* Bank of Nova Scotia,
* Bank of America Corp.,
* Deutsche Bank AG, UBS AG, and
* CIBC FirstCaribbean International Bank.  

 Switzerland and the U.S. signed an intergovernmental agreement in February to comply with FATCA. Separately, the U.S. and Swiss governments are negotiating the terms of handing over data about former U.S. clients suspected of tax evasion.

The agreement with the Caymans is another sign that U.S. taxpayers’ accounts are increasingly subject to government scrutiny on multiple fronts. Several other Caribbean jurisdictions with significant financial industries, such as Bermuda and the Bahamas, are among the dozens of countries having discussions about similar accords.

So-called intergovernmental agreements, or IGAs, similar to the one announced last week allow banks to share the information with their own governments, which then pass the data on to the IRS.

Denise Hintzke, global FATCA leader for Deloitte Tax LLP, said “We are moving toward more global information exchange,” in an Aug. 15 interview. The Caymans accord “is the first step toward being able to do that.” What’s more, the Cayman Islands is entering into a “Model 1” FATCA agreement, she said.

“They are going to step into the role of getting information directly from their financial institutions.”
 

“It means that they’re taking on the responsibility of FATCA guidance and regulations and they will take responsibility for enforcing the requirements of the law,” she said.


Do Have Un-Reported Income From a Cayman Island Bank?

Secret Foreign Investments Keeping You Awake at Night? 

Want to get right with the IRS?
 
Contact the Tax Lawyers at
Marini & Associates, P.A.
for a FREE Tax Consultation Contact US at

www.TaxAid.us or www.TaxLaw.ms
or Toll Free at 888-8TaxAid (888 882-9243).

 
 
 
 
Source:

 


Read more at: Tax Times blog

IRS Targets Hong Kong and Singapore for US Tax Evaders!

Hong Kong and Singapore continue to be the target of U.S. prosecutors pursuing a global campaign against evaders of federal taxes, spurred by data acquired in their crackdown on Swiss banks.
 
Prosecutors are trying to determine what role financial professionals in Hong Kong play in tax evasion, according to people familiar with the matter. They are examining how much taxable money was moved to the former British colony that returned to China in 1997, whether accounts were based there in name only and what banks were involved, the people said.

The push follows the government’s success in penetrating Swiss bank secrecy and learning from insiders how UBS AG helped Americans evade taxes. UBS, the largest Swiss bank by assets, avoided prosecution by agreeing in February to pay $780 million and disclose account data on 250 clients. In August, it agreed to supply information on another 4,450.

The government has made it very clear that they are interested in other secrecy jurisdictions, especially Hong Kong & Singapore.

The UBS clients who used Hong Kong & Singapore corporations told prosecutors how their bankers and lawyers helped them set up offshore corporations so their assets would be hidden in accounts that didn’t bear their names, court records show.
Hong Kong hasn’t been the only tax jurisdiction implicated in the past year. UBS admitted in February that it helped U.S. clients create sham companies in Panama and the British Virgin Islands, while hiding the true owners from the U.S. Internal Revenue Service. UBS clients who pleaded guilty also implicated Singapore, Liechtenstein, Mexico and the Cayman Islands.

The IRS is analyzing a trove of information from more than 7,500 taxpayers who voluntarily disclosed their offshore accounts this year to avoid prosecution. To qualify, clients had to disclose everyone who handled their money overseas and everywhere it went.

“We’re going to be scouring the 7,500 disclosures to identify financial institutions, advisers and others” who helped taxpayers cheat on taxes, IRS Commissioner Douglas Shulman said.
 

He said the IRS is hiring 800 people in the next year and increasing staff in eight overseas offices, including Hong Kong. It also will open offices in Beijing, Sydney and Panama City.
We originally posted "Singapore Banks ... No Longer a Safe Haven For Tax Cheats!" on May 7, 2013 where we discussed that Banks in Singapore are urgently scrutinizing their account holders as an imminent deadline on stricter tax evasion measures forces them to decide whether to send some of their wealthiest clients packing.

Before 2014, all financial institutions in Singapore must identify accounts they strongly suspect hold proceeds of fraudulent or willful tax evasion and, where necessary, close them. After that, handling the proceeds of tax crimes will be a criminal offence under changes to the city-state's anti-money laundering law. Bankers may now feel compelled to give up some of the lucrative accounts that have fuelled a boom in Singapore's assets under management to more than $1 trillion, with 50 percent growth in the five years to 2011, according to the latest government data.

New foreign clients may find that banks become far more picky and inquisitive as the change in mindset takes hold.

Did You Move Your USB Account to Hong Kong or Singapore?
 
Do Have Un-Reported Income From a Hong Kong or Singapore Bank?

Secret Foreign Investments Keeping You Awake at Night?

Want to get right with the IRS?
 
Contact the Tax Lawyers at
Marini & Associates, P.A.

for a FREE Tax Consultation Contact US at

www.TaxAid.us or www.TaxLaw.ms
or Toll Free at 888-8TaxAid (888 882-9243).  

 

Sources:

Singapore Inland RevenueReuters

Read more at: Tax Times blog

Swiss Lawyer Co-Operating With IRS Hunt For Offshore Account Holders!

 

A Swiss lawyer accused of helping U.S. clients conceal millions of dollars in offshore accounts pleaded guilty to conspiracy to commit tax fraud in federal court in New York on Friday and has been telling prosecutors how he helped American clients use secret accounts to hide assets from the Internal Revenue Service.

Edgar Paltzer, 57, admitted Aug. 16 in federal court in New York that he conspired to commit tax fraud by helping U.S. clients hide millions of dollars from the IRS. He was indicted on April 16 with a Swiss banker, Stefan Buck.

Paltzer, a former partner of Swiss law firm Niederer Kraft & Frey, was first charged in April on one count of conspiracy alongside Stefan Buck, then head of private banking at Bank Frey & Co AG.

Frey, the bank's founder, had also been a partner in Niederer Kraft & Frey. But he resigned on April 25, with Niederer Kraft at the time saying it "concluded that it was in the best interests" of the law firm.

The indictment accused Paltzer and Buck of conspiring with U.S. taxpayers from 2000 through at least 2012 to help them hide their Swiss accounts from the Internal Revenue Service.

The case shed light on Bank Frey, one of the smaller Swiss private banks with just 1.9 billion Swiss francs ($1.54 billion) under management last year.

Prosecutors say the bank gained U.S. clients as the Justice Department pursued other banks.
U.S. authorities say that by the third quarter of 2012, about 44 percent of the bank's assets under management were for U.S. taxpayers.

The number had grown 300 percent between February 2009 and February 2012 amid prosecutions of rival banks UBS AG and Wegelin & Co.

Paltzer is cooperating with U.S. authorities in their broader investigation of how foreign banks and advisers helped American clients evade taxes.

His cooperation offers U.S. investigators a rare inside look at how Swiss bankers and advisers used sham trusts and corporations and moved cash and jewelry across borders to hide their assets from the IRS. He admitted that he acted as a financial intermediary to opening bank accounts in Switzerland in the name of entities he formed for U.S. citizens, knowing they intended to evade taxes.

Since 2008, the U.S. government has charged at least 90 people in a crackdown on offshore Tax Evasion, including 24 Bankers, Lawyers and Advisers.

He agreed to pay restitution and forfeit fees he earned from his crime, which carries a potential 5 year prison term. As a cooperator, prosecutors have agreed to submit a letter to the sentencing judge outlining his assistance to the U.S.

The Swiss government unveiled a plan in July that could potentially allow the banks to cooperate with U.S authorities, who are seeking penalties of as much as $10 billion.

U.S. prosecutors haven't just targeted offshore tax evasion in Switzerland. In July, Liechtenstein's oldest bank, Liechtensteinische Landesbank AG, agreed to a $23.8 million settlement to avoid criminal charges for opening and maintaining undeclared bank accounts for U.S. citizens and turn over .

The case is U.S. v Paltzer, 13-cr-00282, U.S. District Court, Southern District of New York (Manhattan).

Want to Get Right With The IRS? 
 Make an Offshore Voluntary Disclosure!
Contact the Tax Lawyers
of  Marini & Associates, P.A.
 
for a FREE Tax Consultation
or Toll Free at 888-8TaxAid (888 882-9243 ).

Sources:

Bloomberg

Read more at: Tax Times blog

Online FATCA Registration System Now Open For Business!

The Internal Revenue Service today announced the opening of a new online registration system for financial institutions that need to register with the IRS under the Foreign Account Tax Compliance Act (FATCA).

Financial institutions that must register with the IRS to meet their FATCA obligations can now begin the process of registering by creating an account and providing required information. Financial institutions will also be able to provide required information for their branches of operation and other members of their expanded affiliate groups in which the financial institution is the lead organization.

The registration system, designed to enable secure account management, is a web-based application with around-the-clock availability.

Within a secure environment, the new registration system enables financial institutions to:

  • establish online accounts;
  • customize home pages to manage accounts;
  • designate points of contact to handle registrations;
  • oversee member and/or branch information; and
  • receive automatic notifications of status changes.

Financial institutions are encouraged to become familiar with the system, create their online accounts and begin submitting their information. Starting in January 2014, financial institutions will be expected to finalize their registration information by logging into their accounts, making any necessary changes and submitting the information as final.

As registrations are finalized and approved in 2014, registering financial institutions will receive a notice of registration acceptance and will be issued a global intermediary identification number.

The IRS will electronically post the first IRS Foreign Financial Institution (FFI) List in June 2014, and will update the list monthly. To ensure inclusion in the June 2014 IRS FFI List, financial institutions will need to finalize their registrations by April 25, 2014.

Need FATCA or Expatriation Advise?

Contact the Tax Lawyers

of  Marini & Associates, P.A.
 
for a FREE Tax Consultation
or Toll Free at 888-8TaxAid (888 882-9243).
 

Source:

IRS

FATCA Registration Link


Read more at: Tax Times blog

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