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Switzerland Eases Rules on Account Data Transfer for U.S. Clients of Swiss Banks

The government of Switzerland has agreed to ease existing rules on the transfer of information on secret Swiss bank accounts of U.S. clients in a further effort to diffuse tensions with the United States over funds hidden away in Swiss banks.

The Swiss government announced Nov. 16 that the Federal Council, the government's executive arm, adopted amendments to a June 1998 ordinance on the implementation of an existing 1996 U.S.-Swiss double taxation agreement. 

The amendments will allow U.S. requests for information on U.S. clients suspected of tax fraud to be made under the existing 1996 treaty based on “certain patterns of behavior” rather than requiring the identification of the U.S. taxpayer.

The decision follows the Nov. 8 admission by Swiss tax authorities that they had received a U.S. request for administrative assistance in suspected cases of tax fraud, based on the 1996 double tax agreement. A spokesman for Credit Suisse, Switzerland's second largest bank, confirmed the same day that the bank was ordered by Swiss tax authorities to hand over information with regard to accounts of domiciliary companies belonging to certain U.S. persons as beneficial owners. 

Walter Boss, a specialist on tax law with the Zurich-based law firm of Poledna Boss Kurer, said the timing of the announcement regarding the amended ordinance was “hardly a coincidence.”

The amendments will ensure that there is due process of law for each affected taxpayer to make use of his Swiss constitutional right to be heard and to present his case to the Swiss tax authorities before a decision to transfer account details is taken, Boss added.

A revised 2009 U.S.-Swiss double taxation treaty extending administrative assistance to suspected cases of tax evasion has not yet been ratified by the U.S. Senate and has yet to enter into force. Under the 1996 treaty, administrative assistance is limited to suspected cases of tax fraud.

Last August the Federal Council proposed additional provisions to the 2009 treaty clarifying how the cross-border assistance provisions under the revised treaty should be interpreted.

Specifically, the Federal Council said Switzerland was prepared to process requests for administrative assistance under the new treaty based on what the United States identifies as suspicious “behavioral patterns” of account holders without requiring U.S. authorities to first provide the names or personal data of the individuals suspected of tax evasion. Under the current version of the revised treaty, a request for administrative assistance must include the name and address of the suspect U.S. account holder or the name and address of the information holder.

Several Swiss Banks Under U.S. Investigation

That move came after Credit Suisse revealed July 15 it was under investigation by the U.S. Justice Department for its cross-border banking services on behalf of U.S. clients. The DOJ and IRS subsequently announced July 21 that three former Credit Suisse employees and the founder of a Swiss trust company had been charged with conspiring with other Swiss bankers to defraud the United States by helping U.S. customers stash $3 billion in Swiss accounts.

Several other Swiss banks, including the private banks Julius Baer and Wegelin as well as regional banks Zurcher Kantonalbank and Basler Kantonalbank, are also believed to be currently under investigation by the DOJ.

Switzerland's largest bank, UBS, agreed in 2009 to hand over details on more than 4,000 accounts held by U.S. taxpayers and pay a $780 million fine under the threat of having its operating license in the United States revoked. As part of the settlement, UBS acknowledged that the bank participated in a scheme to defraud the IRS by actively assisting or facilitating U.S. taxpayers in establishing accounts designed to conceal the taxpayers’ ownership of the accounts.

The proposed amendments to the 2009 treaty still require the approval of the Swiss parliament, which is expected to vote on the matter in December.

In contrast, the amended 1998 ordinance does not require parliamentary approval. The Swiss government announced the amended ordinance will enter into force on Nov. 30.

“The amendment to the ordinance governs the procedure for nameless requests in cases where the bank is unable to identify the affected persons at the request of the (Swiss) Federal Tax Administration and inform them about the U.S. administrative assistance request,” the Swiss government said in a statement.

The amendment “should ensure that the procedural rights of affected persons domiciled in the United States remain guaranteed even if administrative assistance requests are submitted based on certain patterns of behavior,” it added.

The government said that corresponding information would be published in Switzerland's official Federal Gazette. The announcement will also make reference to the obligation of targeted U.S. clients to provide the name of a person authorized in Switzerland to receive legal documents and orders on their behalf. The Swiss Federal Tax Administration “will be tasked with drawing attention in U.S. media to the publication in the Federal Gazette,” the government added.

Read more at: Tax Times blog

EU: Your Personal Information Shall be Collected and Sharedwith USA

AITC December News Flash - Viviane Reding, Vice‐President of the European Commission and the European Union (EU) Justice Commissioner, spoke on the future cooperation with the United States at the 2nd Annual European Data Protection and Privacy Conference in Brussels on December 6. She confirmed that collection and storage of personal information are essential in a globalized world, the transfer of data to third countries has become an important factor. The EU needs to facilitate these exchanges if we are to »encourage innovation and stimulate growth«. She wants to introduce one data protection law in Europe and have one single data protection authority. »This is why I will propose a new European law on data protection next month. It will replace the law from 1995, when

the full potential of the internet had not yet been realized.« »People are sharing more and more personal information online. For this reason, the reform of EU data protection rules will include easier access to one's data, and better data portability so that it is simple for (database) users to transfer their data between providers.« Reding said. She has decided that solid rules are good for internet companies, because they create legal certainty. In that

respect, clear rules are also needed for the transfer of data outside the EU, she continued. Ms. Reding welcomed the US Democrat‐Republican joint initiative on data protection and the introduction into Congress of a draft Commercial Privacy Bill of Rights. The US government had a substantial interest in creating a level playing field for all collectors of personal data both in the US and abroad. She concluded that the EU and US »need to make sure that future developments in data

protection enhance this trust ・ based on firm legal grounds on both sides of the Atlantic«. According to IT experts, all internet users in EU shall be aware, the new law will legalize your personal data and online activities to be widely surveyed, extracted and stored in a centralized EU‐wide database(s).

Moreover, the reform will legalize routine transfers of your data to the US agencies for their further use.

Read more at: Tax Times blog

Offshore Voluntary Disclosure Program Reopens!

IRS Offshore Programs Produce $4.4 Billion to Date for Nation’s Taxpayers; Offshore Voluntary Disclosure Program Reopens

WASHINGTON — The Internal Revenue Service today reopened the offshore voluntary disclosure program to help people hiding offshore accounts get current with their taxes and announced the collection of more than $4.4 billion so far from the two previous international programs.
The IRS reopened the Offshore Voluntary Disclosure Program (OVDP) following continued strong interest from taxpayers and tax practitioners after the closure of the 2011 and 2009 programs. The third offshore program comes as the IRS continues working on a wide range of international tax issues and follows ongoing efforts with the Justice Department to pursue criminal prosecution of international tax evasion. This program will be open for an indefinite period until otherwise announced.

“Our focus on offshore tax evasion continues to produce strong, substantial results for the nation’s taxpayers,” said IRS Commissioner Doug Shulman. “We have billions of dollars in hand from our previous efforts, and we have more people wanting to come in and get right with the government. This new program makes good sense for taxpayers still hiding assets overseas and for the nation’s tax system.”

The program is similar to the 2011 program in many ways, but with a few key differences. Unlike last year, there is no set deadline for people to apply. However, the terms of the program could change at any time going forward. For example, the IRS may increase penalties in the program for all or some taxpayers or defined classes of taxpayers – or decide to end the program entirely at any point.
“As we’ve said all along, people need to come in and get right with us before we find you,” Shulman said. “We are following more leads and the risk for people who do not come in continues to increase.”
The third offshore effort comes as Shulman also announced today the IRS has collected $3.4 billion so far from people who participated in the 2009 offshore program, reflecting closures of about 95 percent of the cases from the 2009 program. On top of that, the IRS has collected an additional $1 billion from up front payments required under the 2011 program.  That number will grow as the IRS processes the 2011 cases.

In all, the IRS has seen 33,000 voluntary disclosures from the 2009 and 2011 offshore initiatives. Since the 2011 program closed last September, hundreds of taxpayers have come forward to make voluntary disclosures. Those who have come in since the 2011 program closed last year will be able to be treated under the provisions of the new OVDP program.
The overall penalty structure for the new program is the same for 2011, except for taxpayers in the highest penalty category.
For the new program, the penalty framework requires individuals to pay a penalty of 27.5 percent of the highest aggregate balance in foreign bank accounts/entities or value of foreign assets during the eight full tax years prior to the disclosure. That is up from 25 percent in the 2011 program. Some taxpayers will be eligible for 5 or 12.5 percent penalties; these remain the same in the new program as in 2011.

Participants must file all original and amended tax returns and include payment for back-taxes and interest for up to eight years as well as paying accuracy-related and/or delinquency penalties.
Participants face a 27.5 percent penalty, but taxpayers in limited situations can qualify for a 5 percent penalty. Smaller offshore accounts will face a 12.5 percent penalty. People whose offshore accounts or assets did not surpass $75,000 in any calendar year covered by the new OVDP will qualify for this lower rate. As under the prior programs, taxpayers who feel that the penalty is disproportionate may opt instead to be examined.

The IRS recognizes that its success in offshore enforcement and in the disclosure programs has raised awareness related to tax filing obligations. This includes awareness by dual citizens and others who may be delinquent in filing, but owe no U.S. tax. The IRS is currently developing procedures by which these taxpayers may come into compliance with U.S. tax law. The IRS is also committed to educating all taxpayers so that they understand their U.S. tax responsibilities.

More details will be available within the next month on IRS.gov. In addition, the IRS will be updating key Frequently Asked Questions and providing additional specifics on the offshore program.

Read more at: Tax Times blog

US moves toward legal action against Swiss bank

(Reuters) U.S. authorities are moving toward taking legal action against Wegelin & Co, which could lead to an indictment of one of Switzerland's last pure private banks, on charges that it enabled wealthy Americans to evade taxes, according to two persons with knowledge of the case.

The latest turn in the Wegelin case comes amid a broad criminal probe by the U.S. Justice Department of 11 Swiss and Swiss-style banks, including Wegelin, suspected of selling offshore tax evasion services to tens of thousands of wealthy Americans. Inquiries, growing out of scrutiny of UBS, are focused on Credit Suisse AG and Basler Kantonalbank among others.

Wegelin confirmed on Wednesday that three of its employees had been indicted by U.S. prosecutors in Manhattan for selling tax evasion services to wealthy Americans.

Wegelin is a small bank where eight partners hold unlimited liability for its operations. It has no U.S. offices or branches and it conducted its tax evasion business in part through correspondent banking accounts at UBS in Stamford, Conn.

Read more at: Tax Times blog

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