May 5, 2024

Swiss Offer Plan to Solve Dispute Over Data on U.S. Tax Evaders

The governing Federal Council said in a statement that banks wishing to hand over information would be able to seek authorization from the Swiss government on an individual basis, “within the scope of existing law and particularly data protection and employment law provisions.”

The central government’s plan is needed to address the vacuum left after Parliament adjourned for the summer without having approved an information-sharing agreement with the United States. The lower house of Parliament refused to hear that proposal last month, effectively killing it, but both houses called on the government to “take every measure within the scope of existing law to enable the banks to cooperate with the Department of Justice.”

Some sort of Swiss government approval is essential for any sharing of information, because it is a crime under Swiss law to transfer bank data to foreign authorities. But the announcement Wednesday was notable for its lack of detail, suggesting that the government had not yet come up with a way to satisfy both sides of the dispute.

As with the failed parliamentary measure, the Federal Council’s proposal does not provide for any transfer of individual client data, something that is handled through requests from one government to another. Banks could, however, seek permission to turn over information on employees who had dealt with American tax evaders, as well as information about how tax dodges that targeted American clients actually worked. The Federal Council acts as the head of state.

The Swiss Bankers Association said that it “welcomes” the Federal Council’s announcement, and it “expects that this will finally create legal certainty so that the banks in Switzerland can make use of the U.S.’s unilateral program.” It remained to be seen, however, whether the move would meet with approval in Washington. The Justice Department did not immediately respond to requests for comment.

Switzerland has been in the sights of the Justice Department since 2009, when UBS, the largest Swiss bank, paid a $780 million fine and agreed to hand over 4,450 client names to settle accusations that it had helped wealthy Americans hide assets overseas. Another Swiss bank, Wegelin Company, has been driven out of business after an American indictment. The country is also under pressure from the European Union, of which it is not a member, to become more transparent.

About a dozen Swiss banks are facing criminal investigations in the United States on suspicion of helping Americans dodge taxes, and hundreds more have similar problems that may have to be addressed.

The banks facing prosecution “are reliant on the authorizations” being approved, the Federal Council said in its statement Wednesday. It said talks were being held with the Justice Department about banks that were not yet in Washington’s sights. Those banks would also need authorization from the government to hand over any data, it said.

Switzerland has little choice but to reach an agreement, given Washington’s role in the international financial system and the banks’ need for access to American financial markets. The Swiss banks are nonetheless fighting to keep intact as much of their client secrecy as possible, hoping that a single deal with the United States will not serve as a template for future agreements.

Article source: http://www.nytimes.com/2013/07/04/business/global/swiss-proposal-aims-to-defuse-tax-dispute.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