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TAX EVASION

Swiss banks keen to avoid tax cheats: experts

Amid a massive scandal involving France's former budget minister and an undeclared Swiss bank account, Swiss banks are more eager than ever to kick out tax cheats and clear their names, bankers and industry experts say.

Swiss banks keen to avoid tax cheats: experts
UBS counter hall in Zurich. Photo: UBS

Tax evasion has become "a real problem for Swiss banks, because it is damaging their reputation" an analyst with a large Zurich-based bank told AFP, requesting anonymity.
 
 "A few years ago, the banks saw taxation as the client's problem, but 
today, that has changed. It has become the bank's problem," he added.
   
A scandal surrounding former French budget minister Jerome Cahuzac, who 
last week was charged with tax fraud after admitting to having an undeclared foreign bank account, has not only sent shockwaves through the French
political establishment, but also through the Swiss banking sector.
   
Cahuzac — once in charge of tackling tax evasion — has admitted to 
opening an undeclared Swiss bank account in 1992, and, after Switzerland pledged to cooperate with foreign tax authorities in 2009, transferring the some 600,000 euros ($770,000) to Singapore.
   
Switzerland with its cherished banking secrecy rules was long considered a 
prime destination for undeclared funds, but the country has recently been cracking down in a bid to clear its reputation as a tax haven.
 
"We are moving towards a model of (accepting only) declared funds, but I 
can't tell you how long or what shape it will take," a high-level executive at one of Switzerland's main banks told AFP on condition of anonymity.
   
Under pressure from all sides, Swiss banks have gradually been trying to 
solve the problem, case by case, country by country.
 
After Washington a few years ago began aggressively going after Swiss banks 
enabling US clients to evade the taxman, a solution has been reached that basically blocks banks from hosting undeclared accounts for Americans.
   
And Switzerland reached agreements last year with Britain, Austria and 
Germany to ease its bank secrecy and ensure that their nationals' holdings in Swiss banks were taxed.
   
The accords with London and Vienna took effect on January 1st, but the German 
parliament ended up blocking that country's deal late last year, considering it too easy on tax cheats.

Banks have begun closing undeclared accounts 

Even though the German deal fell through, two large Swiss banks, Credit Suisse and Julius Baer, have opted to start kicking out German clients who refuse to declare their holdings back home.
 
While no measures have yet been announced when it comes to French nationals 
with Swiss bank accounts, Geneva tax attorney Philippe Kenel told AFP he believed they would soon receive the same treatment as their German counterparts.
   
"The large Swiss banks first, and then the small ones, will begin closing 
French citizens' undeclared accounts," he predicted.
   
"This is already happening when it comes to German clients, and it will 
happen with French clients as well," he added.
 
 A Geneva banker who asked not to be named agreed.

 
"What is clear today is that the number of clients with undeclared accounts 
will shrink," he said.
 
Closing the door on all tax-cheating clients could be painful exercise for 
a number of Swiss banks.
   
According to a banking law professor at the University of Geneva, who did 
not want his name published, more than half of the European funds stashed away in Swiss bank accounts are undeclared.
 
In practice, however, the Swiss banks can do little to weed out clients 
intent on cheating the system.
   
Demanding that all clients provide full tax returns from their home 
countries is considered mission impossible, due to the mountains of paperwork and since most clients would likely refuse outright, banking industry sources say.
 
Instead, banks are opting to have clients sign a document certifying that 
their tax papers are in order, and blindly trusting that they are telling the truth.
   
Cahuzac, for instance, reportedly handed over a "bogus" certificate to the 
Singapore branch of a wary Julius Bär bank, purportedly showing that his money had been declared to tax authorities.
   
Convinced that he was telling the truth, the bank had agreed to transfer 
his funds to Singapore.
   
According to the latest available statistics from Switzerland's central 
bank, Swiss banks in 2011 managed 31.78 billion francs (26 billion euros) for French clients.
   
That is not counting the some 2.55 billion francs that Swiss trusts 
handled for French nationals that year.

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TAX EVASION

Switzerland’s banks remain among the world’s most secretive

Despite the progress made over the years, the Swiss financial sector continues to be one of the least transparent in the world. But there is good news too.

Switzerland’s banks remain among the world’s most secretive
Switzerland remains one of the world's least transparent nations. Photo AFP

Switzerland is in the third place in the 2020 Financial Secrecy Index released by the non-governmental organisation (NGO) Tax Justice Network (TJN), which rates 133 nations based on their financial transparency.

Two other European countries, Luxembourg and the Netherlands, are also ranked among the top 10 least transparent nations on the TJN’s list.

Despite being in the third place, Switzerland ranks better this year than it did in the previous edition of the Index, which is released every two years — it slipped from the first to third place. The Cayman Islands and the United States took the first and second spots, respectively.

Switzerland reduced its risk of being an offshore haven for tax cheats by 12 percent, “finally improving enough to move off the top of the index”, TJN said. 

READ MORE: Switzerland's strangest taxes – and what happens if you don't pay them

This improvement is mainly due to Switzerland extending its international network for the automatic exchange of customer information to more than 100 countries. 

Also, in a referendum held last year, Swiss voters accepted the Federal Act on Tax Reform and AVS Financing (TRAF). This legislation introduced major changes in the Swiss tax system by ending some preferential tax schemes and replacing them with new regulations which are in line with international standards.

This tax reform prompted the European Union to change Switzerland's status from ‘tax haven' to one which is EU-compliant, removing strict controls on transactions within the EU. 

So why, despite all the reforms, does Switzerland still rank among the world’s least transparent nations?

According to a Swiss NGO Alliance Sud, wealthy people from poor countries can still hide their money here from the tax authorities of their home nations.

Alliance Sud noted that despite the progress made in the past years by Swiss financial institutions, “the fight against tax evasion remains insufficient”.

Switzerland is the world’s biggest centre for managing offshore wealth, with a quarter of global assets invested here.

For years, it has been placed on various lists of tax havens where wealthy foreigners could park their money. Faced with widespread criticism for this practice, Switzerland passed an anti-money laundering law in 1997 and introduced strict regulations against tax evasion.
 

 

 
 

 

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