Permanent Subcommittee on Investigations Issues Report On Tax Haven Banks Hiding Billions from the IRS

July 21, 2008 by · Leave a Comment
Filed under: IRS, tax evasion, tax haven, UBS, unreported income 

7/17/08 Press Release from Michigan Senator Carl Levin’s office-

WASHINGTON – At a Thursday hearing entitled, Tax Haven Banks and U.S. Tax Compliance, the latest in a series of hearings with insider information about the workings of the offshore industry, the Senate Permanent Subcommittee on Investigations will examine how tax haven banks facilitate tax evasion by U.S. clients, hide client and bank misconduct behind the cloak of bank secrecy laws, and add to the offshore abuses that cost U.S. taxpayers an estimated $100 billion dollars each year. A six month-long bipartisan Subcommittee investigation examined LGT Bank in Liechtenstein and UBS in Switzerland to expose how tax haven banks are assisting U.S. taxpayers to evade taxes, in particular by urging U.S. clients to open accounts in their offshore jurisdictions, assisting them in structuring those accounts to avoid disclosure to U.S. authorities, and providing financial services in ways that do not alert U.S. authorities to the existence of the foreign accounts. Subcommittee Chairman Sen. Carl Levin (D-Mich.) and Ranking Minority Member Norm Coleman (R-Minn.) will release a 115-page joint staff report [PDF] detailing the findings of the investigation in conjunction with the hearing. “Tax havens are engaged in economic warfare against the United States, and the honest, hardworking American taxpayer is losing,” said Levin. “The iron ring of secrecy around tax haven banks and their deceptive banking practices enable and encourage tax cheats to hide assets from the United States. Congress needs to enact strong penalties on tax haven banks that help U.S. taxpayers avoid paying taxes to Uncle Sam.” Senator Coleman said, “It is simply unacceptable that some individuals are using offshore tax havens and secrecy jurisdictions to shelter trillions of dollars from taxation, forcing working families to shoulder the tax burden. By exploiting gaping loopholes, these foreign banks are enabling felony tax evasion. Simply put, foreign banks should not be Al Capone safe-houses for evading taxes. Closing these loopholes means we must strengthen reporting requirements, broaden the scope of the audit program, and extend the amount of time the IRS has to investigate cases involving an offshore tax haven.” Exposing a trove of internal bank documents and interviews with bank insiders, the Subcommittee report shines a spotlight into the murky operations of two high-profile tax haven banks. Eight case studies expose bank practices that could facilitate, and have resulted in, tax evasion by U.S. clients:

  1. Marsh. The Marshes of Ft. Lauderdale, Florida, hid $49 million in four Liechtenstein foundations over 20 years.
  2. Wu. LGT helped William Wu hide ownership of assets, including his house in Forest Hills, New York, using an elaborate offshore structure.
  3. Lowy. LGT used transfer companies and a foundation with a Delaware corporation to help the Lowys hide their beneficial interest in a foundation with $68 million in assets.
  4. Greenfield. LGT private bankers, including Prince Philipp of Liechtenstein, met with Mr. Greenfield and his father to pitch the transfer of $30 million from Bank of Bermuda to LGT.
  5. Gonzalez. LGT helped a Gonzalez car dealership inflate invoices, move funds offshore and, after getting sued for their pricing practices, hide assets in case of a court judgment.
  6. Chong. LGT helped Richard Chong use hidden accounts to move millions of dollars related to his business ventures, routing them through an offshore corporation to avoid scrutiny.
  7. Miskin. LGT helped Michael Miskin hide assets from courts, tax authorities, and his wife.
  8. Olenicoff. Bradley Birkenfeld, a private banker employed by UBS AG, pleaded guilty last month to conspiring with a U.S. citizen, Igor Olenicoff, to defraud the IRS of $7.2 million in taxes owed on $200 million of assets hidden in Switzerland and Liechtenstein.

In reviewing these case histories, the investigation found: (1) bank secrecy laws and practices are serving as a cloak, not only for client misconduct, but also for misconduct by banks colluding with clients to evade taxes, dodge creditors, and defy court orders; (2) from at least 2000 to 2007, LGT and UBS employed banking practices that could facilitate, and have resulted in, tax evasion by their U.S. clients, including assisting clients to open accounts in the names of offshore entities; advising clients on complex offshore structures to hide ownership of assets; using client code names; and disguising asset transfers into and from accounts; (3) since 2001, LGT and UBS have collectively maintained thousands of U.S. client accounts with billions of dollars in assets that have not been disclosed to the IRS; UBS alone has an estimated 19,000 accounts in Switzerland for U.S. clients with assets valued at $18 billion, and the IRS has identified at least 100 U.S. taxpayers with accounts at LGT; and (4) LGT and UBS have assisted their U.S. clients in structuring their foreign accounts to avoid QI reporting to the IRS, including by allowing U.S. clients who sold their U.S. securities to continue to hold undisclosed accounts, and by opening accounts in the name of non-U.S. entities beneficially owned by U.S. clients; while these banking practices did not technically violate the banks’ Qualified Intermediaryagreements with the IRS, the result is that the banks helped keep accounts secret from the IRS and thereby facilitated tax evasion by their U.S. clients. Reforms recommended by the Levin-Coleman report to reign in tax haven abuses include the following:

  1. Strengthen QI Reporting of Foreign Accounts Held by U.S. Persons. In addition to prosecuting misconduct under existing law, the Administration should strengthen the Qualified Intermediary Agreements by requiring QI participants to file 1099 forms for: (1) all U.S. persons who are clients (whether or not the client has U.S. securities or receives U.S. source income); and (2) accounts beneficially owned by U.S. persons, even if the accounts are held in the name of a foreign corporation, trust, foundation, or other entity. The IRS should also close the “QI-KYC Gap” by expressly requiring QI participants to apply to their QI reporting obligations all information obtained through their Know-Your-Customer procedures to identify the beneficial owners of accounts.
  2. Strengthen 1099 Reporting. Congress should strengthen the statutory 1099 reporting requirements by requiring any domestic or foreign financial institution that obtains information that the beneficial owner of a foreign-owned financial account is a U.S. taxpayer to file a 1099 form reporting that account to the IRS.
  3. Strengthen QI Audits. The IRS should broaden QI audits to require bank auditors to report evidence of fraudulent or illegal activity.
  4. Penalize Tax Haven Banks that Impede U.S. Tax Enforcement. Treasury should penalize tax haven banks that impede U.S. tax enforcement or fail to disclose accounts held directly or indirectly by U.S. clients by terminating their QI status, and Congress should amend Section 311 of the Patriot Act to allow Treasury to bar such banks from doing business with U.S. financial institutions.

This hearing and report follow other investigations into offshore abuses by the Subcommittee. Hearings held by the Subcommittee in 2001 examined the historic and ongoing lack of cooperation by some offshore tax havens with international tax enforcement efforts and their resistance to divulging information needed to detect, stop and prosecute U.S. tax evasion. A hearing held in December 2002 and report issued in January 2003 provided an in-depth examination of an abusive tax shelter used by Enron. Two days of hearings in November 2003, and a bipartisan report issued in 2005, provided an inside look at how some respected accounting firms, banks, investment advisors, and lawyers had become engines pushing the design, sale, and implementation of abusive tax shelters to corporations and individuals across the country. In August 2006, a hearing and report examined six case studies illustrating the operation of the offshore tax industry, its service providers and clients, and how tax haven abuses are undermining, circumventing, or violating U.S. tax, securities, and anti-money laundering laws.

UBS, LGT Helped Hide Assets, Evade Taxes, Senate Says

July 18, 2008 by · 2 Comments
Filed under: IRS, tax evasion, tax haven, UBS, unreported income 

UBS, LGT Helped Hide Assets, Evade Taxes, Senate Says (Update2)

By David Voreacos and Carlyn Kolker, Bloomberg.com

 UBS AG and Liechtenstein bank LGT Group aided rich U.S. clients who wanted to disguise ownership of accounts and evade taxes on hidden assets, a Senate subcommittee said.

UBS, the world’s largest wealth manager, hid as much as $17.9 billion for 19,000 Americans who didn’t declare assets to the Internal Revenue Service, the Senate Permanent Subcommittee on Investigations said in a report released in Washington late yesterday. LGT, owned by Liechtenstein‘s ruling family, fostered a “culture of secrecy and deception” while assigning code names to U.S. clients, the panel said.

“UBS has opened thousands of accounts in Switzerland that are beneficially owned by U.S. clients, hold billions of dollars in assets, and have not been reported to U.S. tax authorities,” according to the 114-page report by the subcommittee, which is scheduled to begin hearings today on tax-haven banks. U.S. prosecutors and regulators are investigating Zurich- based UBS, which is cooperating. A former UBS banker pleaded guilty last month to helping a billionaire evade taxes. LGT is at the heart of a tax scandal involving investigations by about a dozen countries. The probes began after a former LGT employee allegedly sold stolen information on the secret accounts to German authorities.

UBS shares rose 7 percent to 20.16 Swiss francs at 12:20 p.m. in Zurich trading today. The stock has dropped 69 percent over the past 12 months.

Cover Up the Tracks

Both banks flouted agreements to help the IRS track foreign assets of U.S. clients, the subcommittee said. Bankers wooed wealthy Americans while moving their money into pass-through entities in different countries to break direct links to the true owner of assets, according to the report. LGT used such transfer corporations in tax havens including the British Virgin Islands to “cover up the tracks” of funds moving into client accounts, a bank employee told the subcommittee. The bank told employees to use public phone booths when contacting clients to make it more difficult to trace calls to Liechtenstein. One of LGT’s biggest clients was billionaire Frank Lowy, Australia‘s second-richest person, the panel said. Lowy, founder of Westfield Group, the world’s biggest shopping mall owner, set up a secret Liechtenstein bank account to hide at least $68 million from tax collectors, according to the report.

Lowy, 77, issued a statement saying he “totally rejects” the committee’s assertion that he tried to evade taxes.

Click here for complete article.

Day of Reckoning? Super Rich Tax Cheats Outed by Bank Clerk

July 15, 2008 by · Leave a Comment
Filed under: unreported income 

Technician in Liechtenstein Turns Over Names of Americans With Secret Bank Accounts
By BRIAN ROSS and RHONDA SCHWARTZ, ABCNEWS.GO.COM
July 15, 2008—

Hundreds of super-rich American tax cheats have, in effect, turned themselves in to the IRS after a bank computer technician in the tiny European country of Liechtenstein came forward with the names of US citizens who had set up secret accounts there, according to Washington lawyers investigating the scheme.

The bank clerk, Heinrich Kieber, has been branded a thief by the government of Liechtenstein for violating the country’s bank secrecy laws.

He is now in hiding but scheduled to testify to the Senate’s Permanent Subcommittee on Investigations Thursday via a video statement from a secret location, according to Congressional investigators.

Aides for committee chairman Carl Levin (D-MI) are scheduled to provide reporters with a background briefing later this morning in Washington on the committee’s investigation of tax haven banks in Liechtenstein and Switzerland.

Aides say the hearing will also focus on the role of the giant Swiss bank UBS and its alleged efforts to help wealthy Americans hide their money from the IRS through shell companies in Liechtenstein…

Click here for complete story

In Europe, widening probe targets tax haven

March 27, 2008 by · Leave a Comment
Filed under: tax haven 

Nearly two decades after taking the helm of Deutsche Post, Klaus Zumwinkel had transformed Germany’s national postal service into a global mail and logistics giant with annual revenues of €66 billion ($102 billion) – more than double those of FedEx. A director on the boards of Morgan Stanley, Deutsche Telekom, and Lufthansa, he was one of Germany’s most prominent executives.

Then, on Feb. 14, he surrendered to police amid suspicion that he evaded €1 million in taxes. The next day, he resigned, becoming the first to fall in a massive probe that has broadened to nine other countries.

But even as Germany conducts its biggest tax-evasion probe ever, experts warn that technological advances and opaque banking practices are making it easier for individuals to stash trillions of dollars a year in havens such as Liechtenstein, Monaco, and Luxembourg.

“In this new, more globalized, integrated world, where you can go on to the Internet and open a secret offshore bank account in eight minutes, it’s getting easier for a wider spectrum of the population to hide assets offshore and more difficult for tax authorities to follow the financial trail,” says Grace Perez-Navarro, deputy director at the tax unit of the Organization for Economic Cooperation and Development (OECD) in Paris.

The OECD and the European Union (EU) have led the way in tackling tax evasion, and countries such as Ireland, Italy, and the Netherlands have all reported minor successes or launched new initiatives in recent months. The German probe, based on a list of 1,400 alleged tax cheats provided on CD by a paid informant, has yielded more than 300 suspects and $47 million in recovered taxes.

German tax inspectors are expected to launch a new round of raids shortly, and Spain, Britain, Australia, and the US are conducting their own investigations – some based on the same informant.

Liechtenstein, which has identified the informant as Heinrich Kieber, a former employee for a subsidiary of the royal family’s bank, LGT, has contested the legality of the information. Germany’s domestic intelligence services paid a reported $7.5 million to obtain and verify the lists, $6.2 million of which was pocketed by the informant.

Click here for complete article.

Italians gripped by leaks naming Liechtenstein account holders

March 20, 2008 by · Leave a Comment
Filed under: tax haven 

Italians are calling it the “trickle-down effect” as names of holders of Liechtenstein bank accounts are leaked to the press, including politicians, entertainers, industrialists and even a dog called Gunther.

Denials and clarifications are hitting the headlines as the leaks keep pouring out, with the Italian media not in the least shy about releasing names before checking with the alleged holders at Liechtenstein’s Bank LGT.

Tax investigators note that holding an account itself is not illegal, but are still poring over some 400 Italian names obtained from the UK government to see if they were tax compliant.

Click here for complete article.

European tax scandal is widening

March 19, 2008 by · Leave a Comment
Filed under: tax haven 

The list of countries involved in the European tax scandal is growing.
Austria is being asked by the EU commissioner to end banking secrecy (read article here) and ATO (the Australia Taxation Office) is investigating tax evasion and avoidance by Australian residents via legal structures in Liechtenstein (read article here).

Secrets Out

March 17, 2008 by · 1 Comment
Filed under: tax haven 

The tax haven scandal currently involving more than 1,000 Europeans, Germany’s foreign intelligence service, the BND, and billions of dollars in foregone tax revenue should be of more than passing interest to the governments of Hong Kong, Macau and Singapore.

Just last week, Germany’s finance minister, invariably described as the no- nonsense Peer Steinbrueck, stated at a EU finance ministers meeting that once the EU had dealt with the non- cooperative tax havens in Europe, it would invariably need to turn its attention to tax havens further afield including Macau, Singapore and Hong Kong.

Apart from disagreeing strongly with being designated as tax havens as opposed to low tax jurisdictions with strong banking secrecy laws, these Asian banking centers need to be concerned with the techniques the BND recently used to address German government concerns regarding what it considers Liechtenstein’s tax haven status and the impact it was having on Germany’s treasury.

Click here for complete article by Sam Porteous, TheStandard.com.hk

Tax Haven Crackdown

March 13, 2008 by · Leave a Comment
Filed under: tax haven 

Germany, Britain and America are all in hot pursuit of citizens hiding their money from the taxman, reports Dominic O’Connell.
 
SERIOUS, dark-suited and bespectacled, Prince Max of Liechtenstein looks more like a banker than the second-youngest son of one of Europe’s royal families. That’s because he is one. As well as being the younger brother of Crown Prince Alois, acting head of state, Harvard-educated Prince Max is chief executive of LGT, the Liechtenstein bank owned by the tiny principality’s royal family. LGT prides itself on its discretion and confidentiality, the same qualities that have made Liechtenstein a favoured tax haven for some of the Continent’s richest individuals. In recent weeks, however, it has found itself in the spotlight. What began as a public squabble with the German government over records stolen from LGT has snowballed.

Last week, European finance ministers rallied behind Peer Steinbrück, their German colleague, and backed a crackdown on tax havens, claiming that some £77 billion in revenues was being lost by national governments each year.

Click here  for complete article