US December 31 deadline
looms — GENEVA — Swiss banks are scrambling ahead of a December 31
deadline to decide whether to join a US programme aimed at zooming in on
lenders that helped Americans dodge taxes. Around 40 of Switzerland’s some 300
banks have already said publicly they will take part in a US programme set up
to allow Swiss financial institutions to avoid US prosecution in exchange for
coming clean and possibly paying steep fines. “What are the others going to do?
That is the very big question,” Swiss business lawyer Douglas Hornung said.
Washington alleges that Swiss banks have helped US citizens hide billions of
dollars in assets from tax authorities, in a row that has soured relations
between the two in recent years. The two countries reached a deal in August
aimed at ending the dispute, piercing a significant hole in the tradition of
secrecy upon which the Swiss banking industry was built.
The
banks have until the end of the year to decide whether to fess up to potential
wrong-doing and hand over their files to US authorities, and thereby shield
themselves from legal action, or take their chances outside the programme.
Picking the wrong option could saddle a bank with crippling fines, fees or a US
indictment. Banks that opened undeclared accounts for US clients — especially
the ones that actively wooed such clients — definitely should join the
programme, experts say. Washington in 2009 fined Switzerland’s biggest bank,
UBS, $780 million for complicity in tax evasion. “If one of the 10 to 15 banks
the US Department of Justice already has in its files does not show up…, you
can be sure there will be a BOOM in January,” Hornung said.
Switzerland’s
one-time oldest bank Wegelin & Co., founded in 1741, discovered earlier
this year the price of not coming clean to US authorities when given the
chance: it was pushed out of business after being slapped with a $74-million
fine for helping wealthy clients avoid at least $20 million in taxes. Fourteen
banks, including Switzerland’s second-biggest bank, Credit Suisse, are already
officially under US investigation and will have no chance to skirt legal
action. The other banks can however opt in to the programme by determining
which of the three remaining categories they belong in. Most so far are signing
up for category two and thereby acknowledging they may well have had US clients
with undeclared accounts. “More banks have said they will go for category two than
would be expected,” said Walter Boss, a tax lawyer with Poledna Boss Kurer AG
in Zurich. — AFP
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