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TAX EVASION

US hits Ticino bank with $211-million penalty

Lugano-based bank BSI will pay a $211 million penalty after acknowledging it helped clients create sham identities to evade American taxes, the US Justice Department announced on Monday.

US hits Ticino bank with $211-million penalty
Photo: BSI

The bank, headquartered in the canton of Ticino, BSI employed myriad schemes to facilitate tax evasion, such as creating false-front corporations and trusts to hide money.
   
BSI had more than 3,000 active accounts secretly tied to US taxpayers after 2008, many of which it knew were not disclosed to US authorities, the justice department said.
   
Under a two-year deferred prosecution agreement, BSI agreed to make a complete disclosure of cross-border activities, assist prosecutors with all investigations related to the case and ensure that all new accounts will be declared to the US.
   
BSI came forward to US prosecutors under a 2013 program started by the justice department's tax division to encourage banks to self-disclose violations.

The department expects similar agreements in the "near future", said assistant attorney general Caroline Ciraolo.
   
"The program offers a unique opportunity for Swiss banks to come forward voluntarily, admit to criminal conduct, pay an appropriate penalty, and assist the department in its investigations of other financial institutions, US account holders, and individuals who facilitated and profited from the concealment of foreign accounts by US taxpayers," Ciraolo said.
   
More than a dozen Swiss banks that were already under criminal investigation were excluded from the initiative, called the "Swiss Bank Program."
   
That included Credit Suisse, which was fined $2.6 billion last year for helping Americans hide money offshore to avoid taxes.

As part of the settlement, Credit Suisse admitted guilt on a felony charge.
   
The initiative has also netted more than $7 billion to the US Treasury from individual taxpayers seeking to get into compliance.

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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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