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TAX EVASION

Wegelin chief takes blame for bank’s collapse

The last president of a 270-year-old Swiss bank that collapsed after helping rich Americans dodge taxes blames himself for the firm's demise but hints the Holocaust contributed to Switzerland's banking secrecy.

Wegelin chief takes blame for bank's collapse
Konrad Hummler. Photo: SRF

Konrad Hummler, in an interview published on Thursday, took full responsibility for the closure of Wegelin & Co., founded in 1741, after it paid US penalties of $57.8 million for helping clients avoid some $20 million in taxes.
   
Wegelin, the first non-US bank to plead guilty to tax evasion charges in the United States, essentially wrapped up operations in late January 2012, selling its non-US business to the Notenstein bank, since bought by Swiss banking group Raiffeisen.
   
"There was a feeling of invulnerability, " Hummler, who led the bank for more than a decade, told the Weltwoche magazine.

"I was often at the heart of the game."

He acknowledged he had underestimated the US authorities and the risk of penalties.
   
While stressing the bank had always respected Swiss law, he admitted exploiting "differences between the (legal systems) in Switzerland and the United States."
   
In a more globalized world, "the banker has been made more responsible than his client for the payment of the client's taxes," said Hummler, famous for bombastic opinions and his long-time support of tax exiles and Swiss banking secrecy.
   
He defended going into tax exile if there is a risk of property confiscation.
   
"That is not the case in the United States, but it has been the case in other countries, especially in Europe, as history has shown us," he said, in an apparent reference to the Nazi confiscation of Jewish property during the Second World War.

The "European environment" surrounding non-EU member Switzerland "carries some of the historical blame for the existence of banking secrecy," he said.
   
"Without state expropriation and the destruction of cultural heritage provoked by political errors in Europe, banking secrecy would never have seen the light of day" in Switzerland, he said.
   
The secrecy policies did allow many Jews to stash funds away from the Nazis during the war, but Swiss banks have also been accused of keeping assets owned by Holocaust victims and making it difficult for their heirs to track down the money.
   
Under a 1998 accord, the banks paid a $1.25 billion settlement into a fund that has just finished paying out compensation to some 457,000 Holocaust survivors and heirs.
   
Wegelin is, meanwhile, not the only Swiss bank to have faced the music in Washington over using Swiss banking secrecy to enable Americans to stash assets out of reach of the US tax authorities — an issue that came into sharp focus amid the financial crisis
   
Switzerland's biggest bank, UBS, agreed in 2009 to pay an out-of-court fine of $780 million for helping Americans dodge their taxes, and 15 other Swiss banks remain in US sights.
   
The Swiss government has been working hard to settle the bitter dispute with Washington without completely lifting the country's long-sacrosanct banking secrecy practices.

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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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