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Swiss Banks Making Concessions On Secrecy

Aryabhata writes in with news that should chill the hearts of evil dictators and tax cheats everywhere: one of the last bastions of strong banking secrecy, Switzerland, is bowing to international pressure and agreeing to cooperate with some foreign investigations of wrongdoing. "...the Swiss government announced on Friday that it would cooperate in international tax investigations, breaking with its long-standing tradition of protecting wealthy foreigners accused of hiding billions of dollars. Austria and Luxembourg also said they would help. ... The famed 'numbered accounts' that do not bear the owner's name will still be available for clients willing to pay for added anonymity. ... Over the past month, leaders have made similar promises in Singapore, Liechtenstein, Bermuda, the British islands of Jersey and Guernsey, and tiny Andorra... other 'offshore' banking centers are still available in the Caribbean, Panama, Dubai and elsewhere."

18 of 325 comments (clear)

  1. Facts & fiction by olesk · · Score: 5, Informative

    As possibly the only Swiss banker on Slashdot I should perhaps point out that:
    - "numbered accounts" are a myth from James Bond movies. They do *not* exist. What is referred to as a "numbered account" is an account where the bank offers to send all communication without referencing the name of the client, as a way of preserving anonymity if the communication is intercepted/stolen
    - ID requirements for opening a Swiss bank account today are *more* stringent than in EU. France is notably lax, which is a little ironic (you need to document not only who you are but *how* you got the money, and if there ever is a case where a bank fails to follow these guidelines, they can lose their banking license). Citizens of certain countries will find it nearly impossible to open an account in Switzerland as the level of documentation in their home country is not acceptable for opening a Swiss bank account.
    - The Swiss distinguish between tax fraud (fabricating papers, forging signatures etc.) which is a criminal offense and where the bank will hand over information on your account, and tax evasion (failing to list all assets/income) which is *not* a criminal offense in Switzerland. The latter category they have now conceded to assist with on a case by case basis.

    It is easy to misunderstand Swiss banking secrecy as some kind of dodgy way of assisting rich foreigners with tax fraud/evasion. In fact there is no difference between the rights of a wealthy foreigner and someone like me who (though not a Swiss national) has a job and get a regular salary in Switzerland. We all have the same rights.

    To understand where all this comes from, one has to understand the very strong federal system of Switzerland. The Swiss "cantons" are almost as independent as separate states, with a weak and small central government. It boils down to this: the rights of the individual is valued much higher than the rights of the state. This is why the Swiss police cannot (nor the "IRS" or any other government entity) get my account information in Switzerland. This tilt of rights in favor of the individual versus the state also leads to a lot of other differences from most other countries, like that assisted suicide is legal in some cantons, including my canton of Zurich, liberal drug policies etc. In certain cantons you can actually negotiate your tax with the local cantons (who all have different tax rates) directly.

    1. Re:Facts & fiction by olesk · · Score: 2, Informative

      My apologies, let me clarify - they do not exist in SWITZERLAND, which I believe is the topic of discussion here.

    2. Re:Facts & fiction by olesk · · Score: 3, Informative

      Oh, and by the way, they were disbanded in Panama too in the 1990s.

      http://www.panamalaw.org/numbered_bank_account.html

    3. Re:Facts & fiction by Corbets · · Score: 3, Informative

      If that's the case, your friend is an idiot.

      The "confession" tax is based on the religion you claim. One valid choice is "no religion", in which case you don't pay any such tax. I know; I've never paid the church tax, but I've worked in Switzerland for 3 years. Admittedly, it takes a couple of extra pieces of paper for a Swiss person to get rid of the tax than for a foreigner, but it's easy enough to do.

      Further, the "ignominious history" you referred to is bullshit. The US ignored the problems in Europe almost entirely for years, providing relatively little aid to stop Hitler, until we were drawn into the war against our will. That strikes me as just as bad.

      Quit being a monkey; evolve a little bit, would you?

    4. Re:Facts & fiction by Anonymous Coward · · Score: 1, Informative

      So if tax evasion is legal, why does anyone bother paying any taxes?

      Because in Switzerland, tax is withheld at the source, so you don't get a chance to avoid taxes.

      Incidentally, tax evasion is illegal in Switzerland, but it is a very minor offense, similar to a parking ticket in New York.

    5. Re:Facts & fiction by chill · · Score: 2, Informative

      While I appreciate all the information you posted on Swiss accounts, you'd better read that link to Panama accounts again.

      Scroll down to the last account type, Panama Bearer Share Corporate Bank Account and read it again. Quote:

      Panama has essentially replicated the numbered bank account by combining anonymous bearer share corporations with their strong bank secrecy.

      --
      Learning HOW to think is more important than learning WHAT to think.
    6. Re:Facts & fiction by Anonymous Coward · · Score: 1, Informative

      Tax evasion is not legal. In contrast to tax fraud it's not a criminal offence but a misdemeanor - so getting caught you'd only get a fine instead of possibly jail time. Fine though can be up to 300% the amount of the evaded tax... Of course the state may not easily prove this since they can't just go to banks and demand account information. Hiding money on accounts doesn't really gain you much however, since 35% (withholding tax) is deducted from the interest of that money, which you get back if you declare it.

      Also, if you're employed, you can't really evade income tax since the state gets the information from your employer anyway.

  2. Re:and who ISN'T going to pay up? by The+Dancing+Panda · · Score: 3, Informative

    The Swiss Banks didn't respond to search warrants. That's what they're going to cooperate with in some cases from now on.

  3. Re:and who ISN'T going to pay up? by olesk · · Score: 5, Informative

    Numbered accounts do not exist - they are a James Bond myth. What we (I'm a Swiss banker) refer to as "numbered accounts" are accounts where the name of the account holder is not references in correspondence with he bank. The idea of accessing your account with only a number is a joke, considering that the Swiss have one of the strictest identification policies for opening and managing accounts in Europe (and thus probably the world). You not only need to ID yourself, but also prove where the money come from to the bank. (Certain countries have poor documentation standards for just about anything, and getting an account if you're from one of those is very very hard. You'd get it in Germany though, where they are more lax on their documentation (as is France), which is a little ironic...).

  4. Re:and who ISN'T going to pay up? by Corbets · · Score: 3, Informative

    Like it or not, if you live/work in a country, you need to pay taxes there.

    And as Americans, we get to pay taxes even if we don't live or work in the country too! Hooray!

  5. Re:and who ISN'T going to pay up? by phantomfive · · Score: 3, Informative

    It's ok, according to Misha Glenny, Dubai has taken the place of Switzerland as the preferred place for illicit money storage. In his book, he gives an example where a guy tried to transfer $3000 from a bank in Dubai, and they made him fill out a form. Very good record keeping. Except when he wanted to transfer $2 million euros, he did without any problem. He says, "If they ask too many questions, they won't get sales!"

    Dubai of course isn't the only place, there are others, like Lichtenstein, and (at least in the 90s if you were Jewish) Israel. These are popular places for organized crime organizations to launder money. He says, "The only credible reasons for their growth and success is the fact that many corporations in the licit economy use them for the exact same reasons [as the criminals] (especially tax evasion). The government of the United States could force them to lift their banking secrecy codes overnight if they threatened to apply the same sanctions on offshore centers that they do on the onshore banks.......Without offshore banks it would not be only the mobsters finding it onerous to shuffle their money and companies around. Enron would have found it a lot harder too........"

    Getting banks to be more open is a good thing in many ways.

    --
    Qxe4
  6. Re:and who ISN'T going to pay up? by Anonymous Coward · · Score: 4, Informative

    The Swiss Banks didn't respond to search warrants. That's what they're going to cooperate with in some cases from now on.

    The Swiss banks have always responded to search warrants issued by a Swiss court for things that are serious crimes in Switzerland (drug dealing, terrorism, money laundering, etc).

    HOWEVER, tax evasion is not a crime in Switzerland. Which is one reason Swiss banks are so popular.

  7. Re:Tax Cheats? by arkane1234 · · Score: 2, Informative

    Never put together working hard to making money.
    You can meet a need of a communal society in 2 seconds. The only reason I feel adamant about this is because I've actually walked through the fire of needing help that quickly. One moment you make enough to retire at 45, the next moment you have nothing, all because of someone else's mistake physically. Believing you can live in a country that would let me die makes me realize I would kill you if I could.

    I'm not joking.

    --
    -- This space for lease, low setup fee, inquire within!
  8. Luxembourg by Anonymous Coward · · Score: 1, Informative

    Yay, Luxembourg on Slashdot!

  9. Re:Tax Cheats? by QuoteMstr · · Score: 2, Informative

    Austrian School economists dismiss the use of empirical data and math in their analysis, and they make no concrete predictions. That's not science: it's mysticism.

    Furthermore, laissez-faire has been tried to a great degree at various points in US history: consider the late 19th and early 21st centuries. Yes, some regulation remained, but if Laisse-Faire were really the way to go, you'd think the economy would improve as regulations weakened. The opposite happened: as regulations weakened, the economy started overheating and creating repeatedly.

    Saying we should try real laissez-faire is like saying "okay, breaking one bone was bad, sure. But breaking every bone has never been tried. Let's do that."

  10. Because the US rarely honours agreements by Anonymous Coward · · Score: 2, Informative

    I find it brutally ironic that a nation who alleges to bring "democracy" to the world is always found to be the bully of the playground.

    The US has a long history (one could call it a tradition) of not honouring the agreements it underwrites, that's part of why the US is no longer trusted as a trade partner. It survives by force only.

    What has happened is that the US has blackmailed Switzerland where bank secrecy is a democratically elected law. A bit like the DeCSS case where a Norwegian teenager was arrested for something that was perfectly legal in his country.

    There are agreements in place. I'm saddened that the Swiss caved in, because once you give in to blackmail it keeps happening, and the world really needs more people to hold the US to account. They should have asked the US to honour the agreements.

  11. Re:and who ISN'T going to pay up? by CaptainZapp · · Score: 2, Informative

    HOWEVER, tax evasion is not a crime in Switzerland. Which is one reason Swiss banks are so popular

    Just to clarify that statement (since a lot of folks think tax evasion is actually legal; it's not). Tax evasion is considered a misdemeanor, punishable by fine and backtaxes & interest.

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

  12. Re:and who ISN'T going to pay up? by Ihlosi · · Score: 2, Informative
    I said, "They have no claim on it".

    Well, that's what you say, but the IRS says "Yes we do.". Guess who wins?

    Anyway, it's a bit more complicated than that, since you can get tax credits for taxes already paid to the foreign government. Basically, if their tax rate is higher than the US', you don't pay anything extra, but if it is lower, the IRS wants a share of your income.