We Are the World
Radley Balko | July 3, 2008, 8:59am
Dan Mitchell and Richard Rahn write on the federal government's continuing efforts to assert U.S. jurisdiction all over the world.
The feds have moved beyond gambling to now pressuring Swiss bankers in Switzerland to break Swiss law in order to comply with U.S. law. Federal officials charge that the Swiss' famous secrecy is helping U.S. citizens skirt federal taxes.
Apparently, U.S. law now applies everywhere in the world except Guantanamo Bay.
MarktoMarket | July 3, 2008, 2:49pm | #
Pro Lib:
We have one of them treaty thingees: it's called the Qualfied Intermediary procedure. This was agreed by the swiss and the 'mericans shortly after 9/11.
Basically, as a swiss banker you have to follow the KYC routine (get a copy of their american passport) and give the customer an IRS W-9 (request to verify their SSN/TIN). This varies by bank, but all of the big ones are signatory to the agreement. You even get a special EIN for use as a QI (never mind the fact that you're not actually an "employer", as if you needed more evidence that the taxation of unearned income is immoral).
You get an agreement from the customer that he will file an OFAC form with the IRS by 30 June of each year (listing all foreign bank accounts worth more than $10K). Whether or not he actually *does* this is not really any of your business (wink, wink), but at least you have covered your own ass by warning him. The swiss banking laws still apply -- an order from a US court means nothing -- but if the swiss court agrees then banking secrecy can be broken.
The weird thing is that even if UBS comes to a voluntary agreement with the feds, they can still be prosecuted under swiss law if they divulge certain info. As usual, the lawyers will hash it out. UBS has so far tried a number of dodges in an attempt to make this problem go away:
1) the tax treaty signed by CH does not apply in Liechtenstein -- while FL is a protectorate it is still a sovereign nation. Not sure if they'll make any headway -- allegedly the accounts were opened in Zurich rather than in Vaduz (and I think some were even opened over the telephone from New York).
2) if we agree to turn over our customer list it will list only "natural persons" of american citizenship, and not accounts held in trust. Needless to say, some of the overseas trusts can be rather opaque. They'll probably win on this front.
3) if the customer opened his account before 2002 then our hands are clean because back then we didn't ask for social security numbers. This one is a tossup -- on the one hand the bank knows that their customer is an american citizen, but most customers have their mail held at the bank. In the case of UBS, american customers are prohibited from executing transactions (or even getting account info) if they are calling from a telephone in the US. They closed the park ave. private banking office back in 1999, I think, and have always advised clients to come to CH if you'd like to review your account.
So I could see an argument where the banks would say "sorry, we tried to call the telephone number given us by the client back in 1985, but it was disconnected". Rest assured that whatever they agree with the IRS will be fought tooth and nail when it comes to carrying out the agreement.
In short, swiss banking secrecy is over for americans (just like it ended for EU citizens a few years ago). Take your money to Singapore, which is rapidly stealing market share from the swiss.