Category: USA

Tough action against tax evaders is only fair

WASHINGTON – The Senate Permanent Subcommittee on Investigations, which I chair, has spent several years examining the ways offshore banks have aided and encouraged U.S. taxpayers in evading their responsibility to pay what they owe. By using secret bank accounts, these taxpayers conceal their income and therefore avoid paying taxes…. – Continue reading

United States: Bank Secrecy Act And Anti-Money Laundering Programs Continue To Result In Significant Penalties

Bank Secrecy Act (“BSA”) compliance, and in particular anti-money laundering (“AML”) controls, remains a focus of regulators as evidenced by record fines levied in recent weeks. On February 7, 2014, the Financial Industry Regulatory Authority, Inc. (“FINRA”) suspended a former AML compliance officer at Brown Brothers Harriman (“BBH”) and assessed… – Continue reading

Goodbye Uncle Sam

The Foreign Accounts Tax Compliance Act (FATCA) will, from 1 July 2014, impose an array of new reporting obligations, especially on foreign financial institutions that serve Americans, including the need to report directly to the IRS. Leading many non-resident Americans and EU based financial firms calling for change or looking… – Continue reading

US applies scrutiny on tax abroad

Cambodia has agreed to help the United States in its global effort to crack down on tax evasion by working with local banks to hand over financial data on US residents and business interests abroad, according to tax experts and officials. Speaking yesterday at the 17th Government-Private Sector Forum held… – Continue reading

Enforce Canadian law, not FATCA

The Canadian government is bending over backwards, and bending our laws, to allow the U.S. to enforce its new tax compliance act. Canadian visitors to Washington sometimes wonder why their embassy stands at the foot of Capitol Hill. The answer? To be close to where Canada’s laws are made. Case… – Continue reading

Rand Paul in cross hairs of tax evasion war

When a bipartisan Senate panel last week lambasted Swiss bank Credit Suisse for helping rich Americans evade billions in taxes, some watching the high-profile hearing couldn’t help but notice an elephant in the room. That is, Sen. Rand Paul. The connection? Paul for years has single-handedly blocked an obscure U.S.-Swiss… – Continue reading

Blackmoney: India posts IRS officers in 7 nations except Cyprus

NEW DELHI: As part of its strategy to curb offshore tax evasion and promote foreign investment, India has recently operationalised seven new Income Tax Overseas Units (ITOUs) in countries like Germany, USA and France. A similar Income Tax office in Cyprus has, however, not been activated as India, last year in November, classified the island nation… – Continue reading

Gibraltar expands network of agreements for exchange of tax information

Gibraltar lawmakers unanimously approved new legislation that will dramatically expand Gibraltar’s network of agreements for the exchange of tax information. The legislation implements OECD’s Convention on Mutual Administrative Assistance in Tax Matters in Gibraltar ahead of the March 1 deadline. The move is part of the Government of Gibraltar’s policy… – Continue reading

Luxembourg: on-shore financial center with a commitment to privacy

Luxembourg has been widely hailed as an international investment center for years. The Association of the Luxembourg Fund Industry (ALFI) provides a number of reasons underlying the country’s designation as a top fund-industry choice. Its legal and regulatory framework for investment funds is recognized for its excellence by the global… – Continue reading

United States: IRS Issues New FATCA Regulations

On February 20, 2014, the Internal Revenue Service (IRS) issued additional final and temporary regulations (T.D. 9657)under the Foreign Account Tax Compliance Act of 2009 (FATCA) as well as new regulations (T.D. 9658) that modify the international withholding, backup withholding and information reporting rules that apply outside the scope of FATCA. FATCA generally… – Continue reading

Canada: IGA Requires Canadian FFIs To Register On IRS FATCA Portal

As noted in our previous post, the recently signed Inter-Governmental Agreement between the Canada and the U.S. relating to FATCA (the IGA) will modify the FATCA reporting obligations for Canadian financial institutions. Under the IGA, the term “Financial Institution” (or “FI”) includes custodial institutions, depository institutions, investment entities and specified insurance companies. For… – Continue reading

IRS Continues to Target Accounts in Israel, Caribbean Island Nations: Bank Mizrahi Depositor Pleads Guilty

  Kevin Thorn of the Thorn Law Group comments on the recent guilty plea by a United States Taxpayer with undisclosed overseas bank accounts as one in a long line of ongoing IRS and DOJ investigations into U.S. citizens with hidden overseas bank accounts. Thorn observes the U.S. government’s expanded… – Continue reading

Switzerland to speed up measures against tax evasion

Switzerland must adopt a position on sharing bank client data with foreign tax authorities more quickly than originally thought and cannot hold back until all other countries have introduced the practice, its finance minister told a Swiss newspaper. So far, 42 countries have declared an interest in automatically sharing information… – Continue reading

U.S. scrutinizing Swiss insurers in offshore probe – WSJ

Feb 24 (Reuters) – U.S. prosecutors are widening their probe of how Swiss banks helped wealthy Americans avoid taxes to look at insurers as well, the Wall Street Journal reported on Monday, citing unnamed sources. Insurers in Switzerland have been preparing for months for U.S. officials to investigate products known as insurance… – Continue reading

US Senate panel says Credit Suisse actively sought US tax dodgers

Credit Suisse Group , Switzerland’s second biggest bank, went to great lengths to assist US customers trying to open Swiss bank accounts and evade taxes, entertaining them at a Swiss-themed ball in New York and golf tournaments in Florida and opening a branch in the Zurich airport to serve Americans… – Continue reading

Panel faults US gov’t over offshore tax evasion

WASHINGTON (AP) — Billions of dollars in U.S. taxes are going unpaid because Americans are exploiting Swiss bank accounts, and the U.S. government has failed to aggressively pursue Switzerland’s second-largest bank, a Senate investigation has found. The bank, Credit Suisse, has provided accounts in Switzerland for more than 22,000 U.S. clients… – Continue reading

Senate Investigations Committee To Question DOJ And Swiss Officials On Illegal Offshore Banking

NWC calls for full and complete investigation into wrongdoing and full protection for whistleblowers Washington, D.C.  February 25, 2014.  The Permanent Subcommittee On Investigations will hold a hearing on “Offshore Tax Evasion” on Wednesday, February 26, 2014, at 9:30AM, in Room G-50 of the Dirksen Senate Office Building. More information can be found… – Continue reading

Ortega’s Zara Fashions Tax Avoidance by Shifting Profits to Alps

Zara’s celebrity chic helps make its Spanish parent company, Inditex SA, the world’s biggest fashion retailer. Singer Taylor Swift, reality-television personality Kim Kardashian and Kate Middleton, Prince William’s wife, have all been spotted wearing the stylish, low-cost brand. Another reason for Inditex’s industry-best profit margins of almost 15 percent: the… – Continue reading

United States: To Avoid FATCA Withholding, Foreign Financial Institutions Must Register With IRS By April 25, 2014

The Foreign Account Tax Compliance Act (“FATCA”) requires foreign financial institutions (“FFIs”) to disclose the foreign accounts of U.S. taxpayers to the Internal Revenue Service (“IRS”). FFIs that fail to comply with FATCA will be subject to a 30% withholding tax on certain U.S. source income starting July 1, 2014…. – Continue reading

GIBRALTAR WIDENS TAX EXCHANGE NETWORK

Parliament unanimously approved new legislation on Friday that will dramatically expand Gibraltar’s network of agreements for the exchange of tax information. The legislation implements the OECD’s Convention on Mutual Administrative Assistance in Tax Matters in Gibraltar ahead of the March 1 deadline. The move is part of the Government of… – Continue reading

G-20 Agrees on Automatic Tax Data Sharing, OECD Says

Group-of-20 nations agreed to implement a global standard for automatically exchanging information between tax authorities by the end of 2015, the Organization for Economic Cooperation and Development said. The endorsement is a step toward putting an end to “banking secrecy as we know it,” Pascal Saint-Amans, director of the OECD’s… – Continue reading

G20 to tackle transfer pricing with new tax exchange scheme

The days of multinational companies being able to use the Double Irish Dutch Sandwich to avoid taxation may soon be coming to an end, with the G20 group of nations looking to create a reporting standard to allow for automatic exchange of tax information. In the official communique coming at the end… – Continue reading

American tax grab may target Kiwis

Kiwis could be forced to surrender their private details to United States authorities as part of a deal to combat tax-dodging. Those affected could include high-profile New Zealanders in entertainment, sports and business who have previously lived in the US. The Government has stressed the law changes to override New… – Continue reading

US-IOM FATCA passes latest Manx hurdle

The Island is a step closer to sealing the landmark FATCA tax-sharing agreement with the United States. Treasury minister Eddie Teare has won Tynwald support for measures to enshrine it in Manx law. The Foreign Account Tax Compliance Act was signed by the Isle of Man and the United States… – Continue reading

GAO Report: Where Offshore Tax Evaders Live And Bank

Congress is on a roll, trying to track down hidden offshore accounts, and the latest news is a report that shows which states have the most taxpayers disclosing such accounts (California is No. 1), and where they are located (Switzerland is tops). All told, taxpayers in at least 45 states… – Continue reading

Senator Hearing Focuses on Offshore Tax Evasion

The United States permanent subcommittee will be holding a hearing as they try to solve issues surrounding offshore tax evasion as prosecutors conduct criminal probes of 14 banks including credit Suisse Group AG. According to a statement by the committee, the focus will be on the status efforts to hold… – Continue reading

Credit Suisse pays $196M SEC settlement

Deal comes as federal authorities escalate criminal probe into allegations Credit Suisse and other Swiss banks helped U.S. clients duck taxes on assets in offshore accounts. Credit Suisse is paying $196 million and admitting wrongdoing to settle civil charges it violated federal securities laws by providing financial advisory services to… – Continue reading

Tax evasion to get tougher as Australia strikes deals on foreign bank accounts

The battle against offshore tax evasion is gaining momentum after Australia and the US struck a deal to combat tax-dodgers and G20 members prepared to sign off on a scheme for the automatic exchange of tax information. American Treasury Secretary, Jack Lew, and federal Treasurer, Joe Hockey, announced in Sydney… – Continue reading

Switzerland to back OECD tax treaty

It’s a u-turn, but unavoidable: bankers and politicians are preparing for the automatic exchange of tax information. Switzerland has helped develop the new standard, which the OECD wants to fast-track worldwide. The days when Swiss finance ministers said banking secrecy was non-negotiable and carved in stone are over. Switzerland has… – Continue reading

Fugitive tycoon Zeng Wei’s offshore holdings tied to loan scandal

Fugitive mainland Chinese tycoon Zeng Wei, who is facing extradition to Hong Kong from the United States, is tied to at least five offshore companies, including one that was involved in a multimillion-dollar bribes-for-loans racket investigated by the ICAC, leaked company documents show. The property developer, hotel and golf course… – Continue reading

A Solution for Corporate Tax Avoidance

Some three hundred years ago Sir Walter Scott asked, “Breathes there a man with soul so dead who never to himself hath said, This is my own, my native land.” Well, in America corporations are legally deemed  “persons,” so the answer to Scott’s question is “Yes,” at least when it… – Continue reading

Switzerland to speed up measures against tax evasion

Switzerland must adopt a position on sharing bank client data with foreign tax authorities more quickly than originally thought and cannot hold back until all other countries have introduced the practice, its finance minister told a Swiss newspaper. So far, 42 countries have declared an interest in automatically sharing information… – Continue reading