New rules for Swiss banks mark shift away from undeclared assets

Switzerland is expected to make changes to its banking laws that will make it more difficult for European neighbors to hide their assets from tax collectors. The proposed agreement with Germany and Britain, expected to be reached by the summer of this year, is intended to preserve banking secrecy, but marks a shift away from undeclared assets. France and Italy are expected to reach similar deals with Switzerland thereafter.

Switzerland is seeking to avoid recurrences of some of the more contentious responses to the problem of banking secrecy for foreign tax collectors, such as the lawsuit between the IRS and UBS that resulted in a payment of $780 million, Swiss bankers being arrested abroad, and the theft and sale of Swizz bank client lists to foreign governments that wish to collect taxes legally owed to them.

The shift in Switzerland’s banking will likely result in the downsizing or consolidation of some firms that rely solely on undeclared assets. Although client confidentiality will be retained under the proposed agreement, Swiss banks will likely be forced to compete in a more transparent environment, the results of which are only beginning to unfold.

Op-ed advocates maintaining strict Swiss financial privacy laws

The president of a Swiss research institution argues today in a New York Times op-ed that Switzerland should maintain its strict banking privacy laws despite pressure from other countries to change them.

". . . Our financial privacy laws are a foundation for individual dignity and basic property rights," says Pierre Bessard, president of the Liberales Institut. "We will not solve the global problem of tax evasion by punishing honest depositors and destroying Swiss traditions."

UBS, Swiss and U.S. reach agreement on info about U.S. clients

UBS and the Swiss government have reached an agreement in principle with the U.S. to give the U.S. information about some American UBS clients who the U.S. maintains are evading taxes through accounts with the Swiss bank, according to media reports.

Reuters reported that, "A U.S. government source told Reuters on Friday he expected UBS not to pay a fine as part of the deal and Swiss newspapers reported the settlement would include the bank handing over 5,000 names of U.S. clients holding secret Swiss accounts -- about 10 percent of the names Washington was after."

The Wall Street Journal reported that UBS and the Swiss government had resolved their concerns about violating Swiss bank-privacy laws by combing through UBS client files and identifying "enough potential fraud to make them willing to hand over information about certain accounts.

"Swiss laws don't provide confidentiality if people engage in fraudulent activities such as setting up accounts with shell companies that lack any real business substance," The Wall Street Journal said.