April 19, 2024

DealBook: Switzerland to Require Banks to Hold More Capital to Offset Mortgages

LONDON – Switzerland said on Wednesday that Swiss banks would be required to hold additional capital for residential mortgages amid concerns that the country’s booming property market was overheating.

The country, which already has more stringent capital rules for its banks than other European nations, said lenders would be required to hold an additional 1 percent of risk-weighted assets to make the financial system more stable in light of an “excessive rise in prices in the real estate market and exorbitant mortgage debt.” Banks have until Sept. 30 to comply.

Property values in Switzerland have been rising as investors spooked by the uncertainties of the economic crisis in the euro zone sought a more stable places for their money.

Greater demand for Swiss homes has pushed up prices at a time of low interest rates and led many buyers to take on larger mortgages. The Swiss central bank has been unable to cool the market by increasing borrowing rates because of an overvalued Swiss currency.

An index created by the Swiss bank UBS measuring the likelihood of a Swiss property bubble was “clearly in the risk zone,” the bank wrote in a note to investors this month.

In the final three months of 2012, house prices soared to six times the annual average Swiss household income compared with about four times in 2000, according to the bank. It called the ever-rising demand for properties not intended for personal use “remarkable.”

The government said it was following a recommendation by the Swiss National Bank to increase the capital buffers. “The sustained growth in mortgage debt and rise in real estate prices of residential properties has led to imbalances which pose a significant risk to the stability of the banking sector and to that of the economy,” the government said in a statement.

Mortgage debt has been growing faster than the economy, and mortgage volume in relation to income has reached “risky” levels, the government said, adding that residential property prices had risen more than what was justified by fundamental factors.

UBS and Credit Suisse, Switzerland’s biggest banks, both said this month that they were working on increasing their capital buffers and that the suggested increase would not change their plans.

Article source: http://dealbook.nytimes.com/2013/02/13/switzerland-to-require-banks-to-hold-more-capital-to-offset-mortgages/?partner=rss&emc=rss

Swiss Banks Urge ‘United Front’ Against U.S. Pressure on Tax Evasion

The trade group’s chairman, Patrick Odier, urged the Swiss people and the government to “put up a united front” and work out a solution that applies to all countries. He said that U.S. and Swiss politicians must work with existing accords.

“The solution must be globally applicable, be definitive and correspond to existing Swiss law,” Mr. Odier told the association at a meeting in Basel, Switzerland, according to his prepared remarks. “A second bilateral treaty has to be avoided and the U.S. needs to respect this.”

A double taxation agreement was approved by Switzerland in 2009, but is still awaiting ratification by the U.S. Senate.

The United States last year forced Switzerland to agree to a separate bilateral tax treaty to prevent the country’s biggest bank, UBS, from facing damaging civil litigation in U.S. courts for helping thousands of Americans hide money in offshore accounts.

UBS was forced to hand over the names of thousands of American account holders and pay a $780 million fine in a landmark case that pierced Switzerland’s storied tradition of banking secrecy. Swiss lawmakers are due to approve a revised tax agreement with the U.S. this fall.

But Switzerland now fears that U.S. officials may try to bring charges against one or more Swiss banks, including Credit Suisse, if it does not divulge more details on how many Americans may have used Swiss banks to avoid paying their U.S. taxes.

The Swiss government has also faced similar growing pressure outside the United States, and has signed revised agreements with several countries, including Germany and Britain, to provide greater help to foreign tax authorities seeking information on their citizens’ accounts in the Alpine nation.

Taken together, the moves have been widely seen as the beginning of the end of Switzerland’s strict policy of noncooperation with foreign authorities in tax evasion cases.

“The U.S. should take the tax agreements with Germany and the United Kingdom as an example. Bilateral problems between friendly nations should be solved by mutual agreement,” Mr. Odier said.

The agreements with Germany and Britain were both reached in August. Swiss banks will pay an up-front guarantee of 2 billion francs, or nearly $2.7 billion, to Germany and 500 million Swiss francs, or $630 million, to Britain.

German residents who haven’t previously declared existing assets in Switzerland will have the chance to make a one-time tax payment totaling between 19 and 34 percent of those assets, or to declare them to German authorities. Similarly, British clients will have the option of making an anonymous one-off payment for taxes owed in the past, or declaring their assets to British authorities.

The Swiss Bankers Association said also that there may be rough times ahead because of the strong franc and new banking requirements to boost capital holdings.

In a statement Monday, it said “the economic and regulatory trends indicate that there may be some headwinds going forward.”

But the group reported that Swiss banks’ combined assets rose slightly to 2.7 trillion francs, and generated earnings of 61.5 billion francs in 2010 — an increase of 13.4 percent in earnings on the year.

The value of the franc has risen sharply as a safe haven for investors, but that has made Swiss exports more expensive, driving down profits.

Banks also must meet new rules to gradually increase their capital cushions, eating into the amount they can invest.

Article source: http://www.nytimes.com/2011/09/06/business/global/swiss-banks-urge-united-front-against-us-pressure-on-tax-evasion.html?partner=rss&emc=rss

Swiss Near Tax Treaties With Germany and Britain

The deals are another step in Swiss efforts to clean up the country’s image, under pressure from American prosecutors as well as European countries that have been willing to pay for lists of client names that were stolen by bank employees.

“Being surrounded by the E.U. and a significant wealth management center, Switzerland has chosen to make this move earlier rather than later,” said Luc Thévenoz, a law professor at the University of Geneva.

The treaty with Germany is likely to be signed first, possibly as early as Wednesday, followed by a similar deal with Britain.

Both agreements should have broad effects, analysts and lawyers say. Clients will be able to retain secrecy, but at a price, and some may choose to move to other offshore locales.

Britain and Germany will win billions in needed revenue and, in return, will no longer pursue Swiss banks in criminal cases related to a lack of compliance with tax rules. And the Swiss banking model will shift further from reliance on managing undeclared money. That will particularly affect smaller banks.

Banking secrecy was enshrined in law in Switzerland in the 1930s and has been used to protect anonymity as well as to evade taxes, which is not in itself a crime under Swiss law. But under increasing international pressure, Switzerland agreed in 2009 to apply new standards in bilateral tax treaties, allowing for an exchange of information in tax evasion as well as fraud cases. It has since incorporated those rules into some 30 bilateral double-taxation agreements.

“The whole structure of Swiss banking secrecy has already changed,” said Pietro Sansonetti, a partner at the Geneva offices of the law firm Schellenberg Wittmer. “Secrecy can still protect privacy for personal reasons but no longer for simple tax avoidance.”

The new treaties will be much more sophisticated and broader than existing accords with the European Union, in force since 2005, which charge a withholding tax on interest income on savings. That levy is then returned anonymously to the home country, but it is easy for depositors to mask their identities.

After the deals are ratified by legislatures, German and British clients would pay a one-time retroactive sum on their capital, as well as an annual tax on capital gains and dividend payments rather than just on interest income.

Germany and Britain will consider the withholding tax as final and their citizens will no longer have the legal obligation to declare their Swiss income to their home authorities.

Mario Tuor, a Swiss government spokesman for finance, said negotiations with Germany were in their “final phase” and talks with Britain were moving “in a parallel track.” He declined to provide further details.

A German official, who was not permitted to speak publicly, said an agreement was “very close.” The British Revenue and Customs department said “constructive discussions are continuing with the Swiss authorities, and we hope to conclude these as soon as possible.”

The Swiss newspaper SonntagsZeitung reported last weekend that a deal with Germany could be announced Wednesday, and would include a one-time payment of 2 billion Swiss francs, or $2.7 billion, to cover the last 10 years, and a future withholding tax of 26 percent. Swiss banks would make the initial payment and then recoup it from their German clients.

The figures could be higher in the deal with Britain, where similar income would be taxed at progressive and probably higher rates.

If successful, the agreements might then be replicated by other European countries like France, Italy and even struggling Greece.

Washington has followed a different path. American clients are obliged to inform United States tax collectors of their Swiss assets. And the authorities have been conducting investigations involving Americans with undeclared funds in Switzerland since a landmark case in 2009 against UBS. The Swiss bank was forced to identify some of its American clients and was fined $780 million for helping tax evasion. The Swiss government agreed that further client names could be provided if it were shown that other banks acted like UBS.

This article has been revised to reflect the following correction:

Correction: August 10, 2011

An earlier version of this article paraphrased incorrectly an assessment by Louise Somerset, tax director at RBC International Wealth Planning in Britain. She said the agreements might put the onus on Singapore and Hong Kong to enact similar deals to clamp down on tax evasion, not tax avoidance.

Article source: http://feeds.nytimes.com/click.phdo?i=40a6beaff0c9b3019024c64301b5861c