April 25, 2024

Deal on Bank Secrecy Stalls in Swiss Parliament

Switzerland’s Parliament on Wednesday scuttled an information-sharing agreement with the United States that the Swiss government had hailed just weeks ago as a breakthrough in a dispute over banking secrecy, but left open the possibility for another solution.

The Swiss government said in late May that it would let banks hand over data on American clients’ hidden accounts without violating the country’s bank secrecy laws. The move was meant to help Swiss banks head off the possibility of criminal prosecution for helping Americans evade taxes.

But the proposal proved contentious in a country that has long prided itself on the discretion of its bankers, and it failed to gain the necessary support.

Some members of Parliament raised concerns about the precedent that any such agreement might set at a time when Switzerland’s banking secrecy is also under attack from the European Union — of which the country is not a member. They also complained that the terms were not fully revealed and that the Swiss federal authorities were pushing Parliament to pass the deal by Friday, to go into effect July 1.

The Parliament did signal its willingness to find an alternative. Eveline Widmer-Schlumpf, the Swiss finance minister and president of the governing Federal Council, said in a statement that the government “will do all it can within the scope of its legal powers to allow the banks to resolve the tax dispute.”

The Swiss news service Agence Télégraphique Suisse said Ms. Widmer-Schlumpf had urged Parliament to let banks take the United States up on its offer. “Washington knows no forgiveness,” she told legislators.

The Swiss have been working to assuage officials in Washington since 2009, when UBS settled with federal authorities in a tax evasion case. UBS, the largest Swiss bank, paid a $780 million fine and agreed to hand over 4,450 client names to resolve accusations that it helped wealthy clients avoid taxes.

The Justice Department has since begun investigations into a dozen Swiss banks. One bank Wegelin Company, which was indicted, ceased operations.

The failure of the bill Wednesday could prompt Washington to take new action against Swiss lenders.

The Swiss Banking Association said in a statement that it “regretfully takes note” of Parliament’s decision, saying that such a law would have been the best means for helping banks “make use of the U.S.’s program in order to draw a line under the past.” The group called on the Swiss Federal Council “to assume its responsibility and do everything in its power to ensure that a legal framework is created that nevertheless renders the implementation of the U.S. program possible.”

The consequences of the rejection “are incalculable,” the banking association added. The Justice Department declined to comment.

There is wide recognition in Switzerland that a deal with Washington is essential to wipe the slate clean. Actual client data would not have been turned over, but authorities in the United States could have made use of the information to track down tax cheats. Critically, in a country where disclosing such information violates the law, bank employees would have been protected under the proposed deal.

Article source: http://www.nytimes.com/2013/06/20/business/global/swiss-parliament-scuttles-us-deal-on-bank-secrecy.html?partner=rss&emc=rss

Austria Is Pressured to Reveal More About Tax Evaders

BRUSSELS — Austria faced renewed pressure on Wednesday to reveal more about tax evaders after senior officials of the European Union called for automatic information sharing to apply more widely and rapidly within the bloc.

The lack of a single tax authority governing all 27 E.U. members has long allowed Austria and Luxembourg, among other states, to make their tax affairs more opaque than other members of the bloc. That has angered E.U. powers like France and Germany.

“It is in Austria’s best interest to jump on board, rather than resist the inevitable shift towards more transparency that is taking place both in Europe and worldwide,” said Pia Ahrenkilde Hansen, a spokeswoman for José Manuel Barroso, the president of the European Commission.

Luxembourg said last month that it was prepared to ease its banking secrecy rules, leaving Austria as the only E.U. member state to refuse to share data on interest income earned in Austrian banks by foreign clients with their home governments.

On Wednesday, the commission said it would present legislation requiring more extensive information sharing between banks and financial authorities in all E.U. countries. The measures, expected in the coming weeks, are intended to shine more light on earnings from dividends, capital gains and royalties across the European Union.

E.U. officials say a major goal is to close the gap between the way the wealthiest taxpayers and normal citizens are treated under the tax rules.

The existing rules, dating from 2008, cover income from savings accounts. There is already agreement to extend that to income from pensions, life insurance and property rental by 2015. But the commission said it wanted revenue from dividends, capital gains and royalties to come under the microscope by 2015, rather than two years later as previously foreseen.

The commission also called for E.U. finance ministers meeting in Brussels next week, or during a summit meeting of E.U. leaders on May 22, to give it the go-ahead to negotiate stronger tax agreements with Switzerland, Liechtenstein, Andorra, Monaco and San Marino.

E.U. officials say tens of billions of euros remain offshore, often unreported and untaxed, reducing national tax revenues, and they have highlighted that up to a third of member states are laggards when it comes to collection. As an example, they say member states are only collecting around one half of the value added tax, a sales tax applied throughout Europe, that is available to them.

“At a time of fiscal consolidation, member states are not maximizing the tax revenue they could have, and the issue of fairness is squarely on the agenda,” Mr. Barroso said in a letter sent to national leaders before the summit meeting, which is expected to focus on tax evasion and energy.

Many governments want to crack down on the way their own citizens can stash money in other jurisdictions, short-changing the state during a time of austerity, while creating a series of embarrassing scandals.

In Germany, a celebrated soccer manager, Uli Hoeness, could face prison after turning himself in to Munich prosecutors for keeping a secret bank account in Switzerland that he admitted to having used to evade taxes. In France, Jérôme Cahuzac, President François Hollande’s former budget minister, admitted last month that for years he had sheltered much of his own private fortune in undeclared offshore bank accounts.

The pressure for reform is also high in the wake of the collapse of Cyprus’s financial sector, and because the United States is demanding additional data under the Foreign Account Tax Compliance Act.

While Austria is in the spotlight, E.U. officials are concerned that Luxembourg is still dragging its heels in some areas.

On Tuesday, senior diplomats from Luxembourg told national counterparts in Brussels that their country could not yet approve updated rules for the savings directive to close loopholes on tax collection in areas like trusts and foundations, according to officials with direct knowledge of the talks. Luxembourg is demanding that the Swiss apply automatic exchange of information to the same investments before it does so, said the officials, who spoke on the condition of anonymity because the meeting was confidential.

E.U. officials also harbor concerns about Britain, which has long been extremely wary of submitting its citizens to tax rules overseen by Brussels.

Prime Minister David Cameron has set tax transparency as a key priority for the Group of 8 summit meeting that Britain will host in June. Britain also is spearheading a pilot project where its territories, including the British Virgin Islands, have agreed to automatically share information with France, Germany, Italy and Spain.

But E.U. officials have warned that Britain’s efforts could have a splintering effect that leaves serious loopholes in the future.

Article source: http://www.nytimes.com/2013/05/09/business/global/09iht-eutaxes09.html?partner=rss&emc=rss

Luxembourg Agrees to Help Fight Tax Cheats

The decision follows mounting international pressure on Luxembourg to end its policy of banking secrecy which critics argue has helped people hide money in the country from tax authorities.

Starting in 2015, the government said it will set up an automatic exchange of information about interest payments made to European Union citizens with bank accounts in Luxembourg in order “to ensure taxation according to the laws” of the customer’s home country.

The country added that the fiscal regime for U.S. citizens “will be dealt with in a bilateral agreement under negotiation between the governments of Luxembourg and the United States.”

But the government added that said the capital gains tax for those who live in the tiny country of just half a million people remains unchanged at 10 percent and that “those residents will enjoy bank secrecy as it exists today.”

Luxembourg has the highest level of income per individual in Europe, largely because of its huge financial industry which has more than 3 trillion euros ($4 trillion) in assets.

The growth of Luxembourg’s financial sector was initially fueled by lax regulation, banking secrecy and low taxes, a cocktail that made it a popular tax haven and money-laundering spot. Though the country later changed many of its laws following pressure by its European partners, its critics have continued to argue that the financial industry still lacks the necessary transparency.

Wednesday’s announcement is likely to increase pressure on Austria, the EU’s only other holdout on providing tax information. However, Austria’s opposition to greater transparency seems to be fading after Chancellor Werner Faymann indicated Tuesday the country might be ready to negotiate on the matter.

“We hope that they will be able to follow Luxembourg,” said Emer Traynor, a spokeswoman of the EU Commission, the 27-nation bloc’s executive arm, referring to Austria.

Switzerland, which is not an EU member, also takes pride in its culture of banking secrecy, but was pressured into negotiating some bilateral tax agreements with the U.S., Germany and others.

“Tax havens must be eradicated in Europe and in the world, because this is needed to save jobs,” French President Francois Hollande said in Paris.

The discovery that his former budget minister — the man in charge of outing tax cheats — had lied about secret bank accounts in Switzerland and Singapore for months, Hollande acknowledged, “was a mortal blow to me.”

Trying to counter the political headwinds from the scandal — and the discovery of another close aide’s offshore accounts last week — the Socialist president on Tuesday announced a range of new measures to enhance his country’s banking sector’s transparency.

“It will no longer be possible for a bank to hide transactions in a tax haven,” he insisted.

The publication of details of several wealthy people’s offshore bank accounts by several international media last week, some of which included references to shell companies based in Luxembourg, reinforced the calls for change in the country. Finance Minister Luc Frieden first hinted at a change to Luxembourg’s refusal on automatic information exchanges Sunday.

Luxembourg’s 141 banks — many of which are subsidiaries of foreign banks — hold assets worth about 22 times the country’s annual economic output of 44 billion euros.

The country is also the world’s second-largest center for investment funds, with about 3,800 funds holding assets worth 2.5 trillion euros ($3.2 trillion).

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Associated Press writer Sylvie Corbet in Paris contributed reporting.

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Article source: http://www.nytimes.com/aponline/2013/04/10/world/europe/ap-eu-luxembourg-banking-secrecy.html?partner=rss&emc=rss

Bank Data-Theft Suspect Allowed Out of Jail

The former employee, Hervé Falciani, a French-Italian citizen, was arrested in July in Barcelona on an international warrant after the Swiss accused him of stealing the data and breaching the country’s banking secrecy laws. He had previously fled Switzerland for France, which bought the data from Mr. Falciani and distributed relevant parts of it to countries including Germany, Spain and the United States.

The National Court ordered Mr. Falciani’s release from a Madrid jail because he had already been held there for several months and it could still take a considerable length of time to rule on the extradition request. Mr. Falciani will have to report to the Spanish police every three days and his passport has been confiscated.

Mr. Falciani is alleged to have stolen the customer data five years ago, while working in the information technology department of HSBC’s private banking subsidiary in Geneva.

Switzerland’s extradition request presented a dilemma for Spain, given that the Spanish authorities had used the HSBC data against holders of secret bank accounts including Emilio Botín, the chairman of Banco Santander, and 11 relatives.

The National Court eventually closed the case against the Botíns without filing any charges because the family had normalized its tax situation before the fraud investigation was announced. People close to the family said the Botíns paid about €200 million, or $265 million, in back taxes.

Article source: http://www.nytimes.com/2012/12/19/business/global/bank-data-theft-suspect-allowed-out-of-jail.html?partner=rss&emc=rss