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G20 Nations Agree to Automatic Exchange of Tax Information!

Heads of G20 countries meet today, September 5, 2013 in St Petersburg, where they will sign an agreement to counter 'Aggressive Tax Planning' by multinational companies.
 
The global paradigm change in the fight against tax avoidance and evasion is set to be taken further by G20 leaders. The EU, with its considerable expertise and experience – for example, in creating an EU-wide system for the automatic exchange of information, or the fight against aggressive tax planning – will push for the automatic exchange of information to become the global standard.
 
It will, notably, support any efforts that help to ensure its swift implementation. The EU will also strongly support the OECD's action plan to fight corporate tax avoidance worldwide, which this summit is expected to endorse.

 OECD's Action Plan to Combat Tax Avoidance

Co-operation between tax administrations is critical in the fight against tax evasion and a key aspect of that cooperation is exchange of information. Political interest has increasingly focussed on the opportunities provided by automatic exchange of information.  

 
What is Automatic Exchange?
Automatic exchange of information involves the systematic and periodic transmission of “bulk” taxpayer information by the source country to the residence country concerning various categories of income (e.g. dividends, interest, royalties, salaries, pensions, etc).  It can provide timely information on non-compliance where tax has been evaded either on an investment return or the underlying capital sum even where tax administrations have had no previous indications of non-compliance.
 
Standardised Model of Automatic Exchange
The OECD is developing a standardised, secure and cost effective model of bilateral automatic exchange for the multilateral context. The advantage of standardisation is process simplification, higher effectiveness and lower costs for all stakeholders concerned.  A proliferation of different and inconsistent models would potentially impose significant costs on both government and business to collect the necessary information and operate the different models.

 
A standardised multilateral automatic exchange model requires a legal basis for the exchange of information. There are different legal bases upon which automatic exchange could take place, including a bilateral treaty with Article 26 of the OECD Model Tax Convention, or the Multilateral Convention on Mutual Administrative Assistance in Tax Matters.
 
All treaties and exchange of information instruments contain provisions regarding tax confidentiality and the obligation to keep information exchanged as secret or confidential.  The OECD recently released a Guide on Confidentiality, “Keeping it Safe” which sets out best practices related to confidentiality and provides practical guidance on how to meet an adequate level of protection.

 
Finally, the development of common technical solutions for reporting and exchange of information is a critical element in a standardised exchange system – especially one that will be used by a large number of countries and financial institutions.
 
Need Advise on the Impact of
Automatic Exchange on Your Company?
 
 Contact the Tax Lawyers at

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

 


 Sources:

EuropeanCommission

BBC News

OECD

Read more at: Tax Times blog

Offshore US Tax-Dodger Dragnet Widens!

The U.S. government, stepping up its pursuit of American offshore tax dodgers worldwide, stands to gather an abundance of leads through a bank information-sharing deal between the United States and Switzerland, tax lawyers said on September 3, 2013.

Last week we posted Swiss Banks Agree to Plan to End Past US Tax Evasion Issues which marked a turning point in a lengthy dispute between Bern and Washington, and opened the door for about 100 second-tier Swiss banks to turn over information about American account holders to the U.S. government.

Part of the deal requires Swiss banks to tell Washington about so-called leavers, or U.S. customers who shift assets to other countries. This disclosure will be a powerful tool for U.S. authorities, who started turning up the heat on offshore tax avoidance in 2008.

In a statement last week on the pact, the U.S. Justice Department noted that its tax enforcement activities are global and have included actions undertaken in India, Luxembourg, Israel and Caribbean countries.

The United States for five years has been aggressively pursuing U.S. citizens who have been hiding assets abroad to evade taxes.

The Swiss settlement program is only open to banks. U.S. prosecutors are hoping the renewed pressure on banks will drive U.S. taxpayers into the IRS's voluntary disclosure program, which allows taxpayers to come clean about all of their assets abroad, pay a penalty and avoid prosecution.

If a large number of Swiss banks participate in settlements, it's just a matter of time before the U.S. authorities find the U.S. person.

On August 16, a Swiss lawyer accused of helping U.S. clients hide millions of dollars in offshore accounts pleaded guilty to conspiracy to commit tax fraud in federal court in New York.

The Justice Department said last week that since 2009 it has charged more than 30 bankers and 68 U.S. account holders with violations arising from offshore banking activities. It said 54 U.S. taxpayers and four bankers and advisers have pleaded guilty, while five taxpayers have been convicted at trial.

Have Un Reported Income From a Swiss Bank?

 

Want to get right with the IRS?  
Contact the Tax Lawyers at
Marini & Associates, P.A.
  
for a FREE Tax Consultation Contact US at
or Toll Free at 888-8TaxAid (888 882-9243


 

Source:

Reuters

Read more at: Tax Times blog

IRS Continues Cracks Down on Undeclared Israeli Bank Accounts!


We originally posted about US taxpayers with undeclared income from Israeli  Bank Accounts on Thursday, September 8, 2011 "More Tax Problems for U.S. Citizens with Foreign Bank Accounts in Israel" and more recently on Monday, March 11, 2013 "IRS Targets Israeli Banks and Their US Client;" now we have come to discover that Aaron Cohen of Encino, Calif., pleaded guilty Thursday,August 28, 2013 in the U.S. District Court for the Central District of California to conspiracy to defraud the United States. Cohen, a U.S. citizen, maintained undeclared bank accounts at two international banks headquartered in Tel Aviv, Israel, identified in court documents as Bank A and Bank B, according to the Justice Department and the Internal Revenue Service’s Criminal Investigation unit. One of Cohen’s undeclared accounts was maintained at a branch of Bank A located in the Cayman Islands.
The accounts were held in the names of nominees in order to keep them secret from the U.S. government.
“Today’s guilty plea is but the latest example that attempting to hide income and assets from the United States in offshore accounts is a bad gamble,” said Assistant Attorney General for the Justice Department’s Tax Division Kathryn Keneally in a statement.
Until recently, Switzerland appeared to be the main target of the Justice Department and the IRS’s efforts to crack down on undeclared foreign bank accounts.
Increasingly, the IRS and the Justice Department have been looking beyond Switzerland and the Cayman Islands to other countries where U.S. taxpayers may have undeclared bank accounts, including Israel, Liechtenstein and India.
Cohen is the latest in a series of defendants charged with failing to report income from undeclared accounts in Israel, such as Bank Leumi (see Bank Leumi Said to Help California Man Cheat IRS and Tax Preparers Charged with Hiding Funds in Israeli Banks):
  • Last month, Moshe Handelsman pleaded guilty to filing a false tax return.

  • On March 29, 2013, Zvi Sperling, pleaded guilty to conspiring to defraud the United States in connection with back-to-back loans obtained in Los Angeles at branches of Bank A and Bank B that were secured by funds in undeclared bank accounts in Israel.

  • On May 21, 2013, Guity Kashfi, pleaded guilty to conspiring to defraud the United States in connection with back-to-back loans obtained from branches of Bank A and Bank B in Los Angeles that were secured by funds in undeclared bank accounts in Israel and Luxembourg.

  • Alexei Iazlovsky of Potomac, Md., pleaded guilty on July 2, 2013 in the U.S. District Court for the Central District of California to filing a false tax return for tax year 2008.

U.S. citizens and residents who have an interest in, or signature or other authority over, a financial
account in a foreign country with assets in excess of $10,000 are required to disclose the existence of such account on Schedule B, Part III, of their individual income tax returns, the Justice Department noted.

In addition, U.S. citizens and residents must file a Report of Foreign Bank and Financial Reports, or FBAR, with the U.S. Treasury disclosing any financial account in a foreign country with assets in excess of $10,000 in which they have a financial interest, or over which they have signature or other authority.

Cohen faces up to 5 Years in Prison and a maximum fine of $250,000.

He has agreed to pay a civil penalty to the IRS in the amount of 50 % of the high balance of his undeclared accounts for failing to file FBARs.

Have unreported income from an Israeli Bank?
 
Felling a Bit Faclept?
 
Contact the Tax Lawyers at 
Marini & Associates, P.A.
 
 
for a FREE Tax Consultation at: www.TaxAid.us or www.TaxLaw.ms or
Toll Free at 888-8TaxAid (888 882-9243).

Source:

AccountingToday

Read more at: Tax Times blog

IRS Releases Summer 2013 Statistics of Income Bulletin

WASHINGTON — The Internal Revenue Service announced
September 3, 2013 that the summer 2013 issue of the Statistics of Income Bulletin is available at IRS.gov. The summer 2013 issue features data from Form W-2, Wage and Tax Statement, filed with individual income tax returns for tax years 2008 through 2010.

The Statistics of Income (SOI) Division produces the SOI Bulletin on a quarterly basis. Articles included in the publication provide the most recent data available from various tax and information returns filed by U.S. taxpayers. This issue of the SOI Bulletin also includes articles on the following topics:

  • Wage Income and Elective Retirement Contributions from Form W-2, 2008-2010. The average individual W-2 earnings rose slightly from $40,532 in 2008 to $40,892 in 2010. Some 65.8 million taxpayers with W-2 income participated in an employer-sponsored retirement savings plan in tax year 2010, making $209.2 billion in direct contributions for the year.
  • Sole Proprietorship Returns, 2011. Approximately 23.4 million individual income tax returns reported nonfarm sole proprietorship activity for tax year 2011. Profits rose to $282.6 billion for the year, a 5.6-percent increase from 2010. Total receipts increased to $1.3 trillion for 2011, up 5.9 percent from 2010.  
  • Foreign Recipients of U.S. Income, 2010. Foreign persons received $557.8 billion in U.S.-source income in Calendar Year 2010, representing a 2.1-percent increase over the amount paid in 2009. Interest payments accounted for the largest share of income paid to foreign recipients (46.8 percent) in 2010, followed by dividends (20 percent).
  • Foreign-Controlled Domestic Corporations, 2010. Foreign-controlled domestic corporations (73,210) accounted for 1.3 percent of all U.S. corporation income tax returns filed for tax year 2010. Total receipts for these corporations ($4.1 trillion) and total assets ($11.2 trillion) accounted for 15.5 percent of the receipts and 14.1 percent of the assets reported on all U.S. corporation income tax returns for the year. 
  • Corporate Foreign Tax Credit, 2009. For tax year 2009, some 5,706 U.S. corporations claimed a foreign tax credit of more than $93 billion against their U.S. income tax liability.
  • Unrelated Business Income Tax Returns, 2009. Some 42,469 tax-exempt organizations reported $9.7 billion in gross unrelated business income for tax year 2009.
  • Use of the Empowerment Zone and Renewal Community Employment Credit, Tax Years 1998-2010. Federal empowerment zones (EZ) and renewal communities (RC) are economically distressed geographic areas eligible for temporary tax incentives to encourage economic development. The amount of allowable EZ/RC employment credit claimed on individual and corporate tax returns increased from $41.7 million in 1998, to $277.1 million in 2005, before declining to $172.9 million in 2010.     

The Statistics of Income Bulletin is available for download at IRS.gov/taxstats. Printed copies of the Statistics of Income Bulletin are available from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954. The annual subscription rate is $67 ($93.80 foreign), single issues cost $44 ($61.60 foreign).

For more information about these data, write to the Director, Statistics of Income (SOI) Division, RAS:S, Internal Revenue Service, 1111 Constitution Avenue NW, K-Room 4112, Washington, DC 20224.
 
Want To Know Where You Stand 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).

Read more at: Tax Times blog

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