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TAX EVASION

HSBC Swiss unit faces French tax dodge probe

British banking giant HSBC says it is facing a French criminal probe over its Swiss private banking arm, weeks after "SwissLeaks" allegations it had helped clients hide billions from the taxman.

HSBC Swiss unit faces French tax dodge probe
Photo: AFP

HSBC said in a statement on Thursday that "it has been placed under formal criminal investigation by the French magistrates in connection with the conduct of its Swiss HSBC Private Bank in 2006 and 2007 for alleged tax-related offences".
   
The probe is in addition to one launched by French authorities last year into the Geneva-based subsidiary.
   
That HSBC unit was caught up in the so-called "SwissLeaks" affair: revelations that it allegedly helped over 120,000 clients to hide €180.6 billion ($193.6 billion) from tax authorities.

   
The revelations were made in February by international newspapers led by France's Le Monde after they studied stolen documents supplied by former HSBC IT employee Herve Falciani.
   
They came among growing evidence that pledges by banks to halt illicit or irresponsible activities that led up to the 2008 financial crisis have not been fulfilled.
   
French magistrates, who have had access to Falciani's data for years, had already launched a criminal probe against HSBC's Swiss Private Bank last November on suspicions it helped clients launder tax fraud proceeds and illegally approaching French clients.
   
In addition to that distinct case, French magistrates have now launched a probe against the parent company, HSBC Holdings Plc, for complicity in the actions of its Swiss unit.
   
The London-based parent company "is being reproached for failures to monitor and control its Swiss subsidiary", a source close to the case told AFP.
   
While in February the British bank acknowledged that "we sometimes failed to live up to the standards the societies we serve rightly expected from us," on Thursday it called the latest decision by French magistrates "without legal basis".
   
HSBC was also been ordered to post €1 billion in bail, which it called "unwarranted and excessive".

 

HSBC to 'defend itself vigorously' 

The bank said it would appeal the decision by the French magistrates and "defend itself vigorously in any future proceedings".
   
In France, being placed under formal investigation occurs when an examining magistrate decides there is a case to be answered.
   
The probe against HSBC Private Bank Suisse has been completed and is waiting for by a final decision by magistrates whether to bring the case against the bank to trial or drop it.
   
According to the investigations into Falciani's whistle-blowing data, HSBC's Swiss unit allegedly arranged for more than five billion euros to be tucked away in trusts, shell companies and offshore accounts for around 9,000 French clients.
   
An official close to the case said last month that investigating magistrates leading the French inquiry had obtained evidence indicating HSBC "benefitted from proceeds of financial fraud and, in organizing the obscuring of financial flows, laundered funds of illicit origins, allowing thousands of clients holding large accounts to hide them from the French tax administration."
   
The formal probe follows the failure to reach a plea bargaining deal between prosecutors and HSBC, which refused to pay the fine being sought, the source close to the inquiry said.
   
In certain instances, fines in plea bargaining arrangements can represent half of total sums believed to have been involved in illegal activities.
   
Several investigations into HSBC's Swiss unit are underway in Europe, including in Spain and Belgium.
   
Investors appeared unfazed by the new probe as HSBC's shares were up nearly 2.7 percent in afternoon trading to 602.70 pence while London's blue-chip FTSE 100 index was up 1.14 percent overall.

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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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