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Swiss banking secrecy laws have been further eased, with parliament passing a law on tax cooperation and backing – in principle – a special deal with the United States.

In a lengthy and at times passionate debate which included discussion of some two dozen proposed amendments, the House of Representatives voted 113 to 58 on Wednesday to pass the government’s proposed law on administrative assistance in taxation matters.

The new law replaces a previous regulation for assistance on tax matters and is based on standards set out by the Organization for Economic Co-operation and Development (OECD).

Previously, Switzerland had differentiated between tax evasion and fraud, allowing only for providing assistance in cases of fraud. In a blow to banking secrecy in 2009 it agreed to lift this legal distinction.

The accord would allow for administrative assistance to be provided to the US in matters involving grouped requests for information, based on a suspicious “pattern of behaviour” by people or financial institutions. US tax authorities would not have to provide names or addresses of its suspects in order to receive assistance.
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Read more at: Tax Times blog

FinCEN Seeks Comments on Strengthening and Clarifying Customer Due Diligence Requirements

VIENNA, Va. – The Financial Crimes Enforcement Network (FinCEN) today issued an advance notice of proposed rulemaking (ANPRM) to solicit public comment on a wide range of questions pertaining to the possible application of an explicit customer due diligence (CDD) obligation on financial institutions, including a requirement for financial institutions to identify beneficial ownership of their accountholders.

"The explicit requirement that a financial institution know its customers, and the risks presented by its customers, is basic and fundamental to both serving those customers and implementing a program that protects a financial institution from abuse by illicit actors," said FinCEN Director James H. Freis, Jr. “The comments we receive will help us balance the information needs of law enforcement with the responsibilities placed on the financial industry.”

This includes a requirement for financial institutions to identify beneficial ownership of account holders.

FinCEN's press release is at http://www.fincen.gov/news_room/nr/html/20120229.html.

Read more at: Tax Times blog

Estate Responsible for Penalties For Decedent's Failure to Report Foreign Trust

The Internal Revenue Service Office of Chief Counsel, in a chief counsel advice memorandum released Feb. 24, said an estate is responsible for Section 6677 penalties for failure to file information returns regarding foreign trusts for tax years ending prior to the decedent's death.

The estate is responsible for “initial” penalties asserted against the decedent where Forms 3250, Annual Return to Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts, and 3250-A, Annual Information Return of Foreign Trust With a U.S. Owner, were not timely filed with respect to a foreign grantor trust established by the decedent, the office said in CCA201208028

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FATCA Clears Way for Mexican Authorities to Investigate U.S. Accounts


The Mexican Tax Administration Service (SAT) can access information on thousands of U.S. bank accounts held by Mexican citizens “automatically” under a new collaboration with the IRS.

The agreement is part of a reciprocity mechanism between the U.S. and Mexican tax systems stemming from the Foreign Account Tax Compliance Act (FATCA), through which IRS can access information on U.S. citizens holding taxable bank accounts or financial assets in Mexico.

FATCA also applies to foreign financial assets or offshore accounts held by U.S. citizens around the world.

As SAT authorities have increased information-sharing with IRS, the IRS is doing the same for SAT, according to leading accountants in Mexico City.

“This comes as a reciprocity response from the U.S. to allow the SAT to look into large bank accounts held by Mexicans in the U.S. to ensure they are paying the correct tax, or the tax they claim to be paying,” said Carlos Martinez, PricewaterhouseCoopers LLP senior accountant in Mexico City.

Collaborating on banking information should help lower Mexico's tax evasion rate, which currently stands at 23.3% or 316 billion pesos ($24.5 billion) a year—equivalent to 2.62 per cent of its GDP.

In the past, Mexican tax officials interested in a particular individual's account had to ask IRS to provide it with information—a process that sometimes took significant time.

This is in line with what the SAT is already doing for IRS, observers said.

Martinez said SAT is interested in catching big Mexican tax evaders holding millions of U.S. dollars in accounts across the border.

Under Mexican law, citizens holding U.S. accounts must pay tax on interest and foreign exchange gains.

Depending on the amount to be taxed, the rate is gradual, capped at 30%.

While Mexicans can pay some tax under special double-tax agreements in the U.S. or in other countries, most must be paid in Mexico, Roja noted.

Also, under Mexican law, Mexican businessmen operating businesses abroad must report their earnings to SAT.

Roja said the newly strengthened collaboration between IRS and SAT will give the latter a lot more flexibility in policing Mexicans who flout their tax obligations.

 

Read more at: Tax Times blog

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