* German tax spies breaking the law by paying millions in bribes to steal Liechtenstein bank records of foreigners with accounts there.
* A disgraced UBS American banker, trying to save his own hide, blabbing in a U.S. District Court about how he and other UBS officers allegedly helped wealthy Americans to evade billions in taxes.
* Under pressure from the U.S. government, reports that UBS is considering divulging the names of up to 20,000 of its well-heeled American clients.
* Screams The New York Times: "A hole in the wall of secrecy surrounding the world of Swiss banking, a step that would have once been unthinkable to Swiss bankers, whose traditions of secrecy date to the Middle Ages."
"What is this world coming to?" you may rightfully ask.
Some Basic Facts
In order to provide the proper context for what I am about to say, let's get a few basic facts straight at the outset.
1) Like it or not, the U.S. Internal Revenue Code imposes an obligation for all "U.S. persons," (meaning citizens and resident aliens, i.e. green card holders), to pay annual income taxes (IRS Form 1040) and any other taxes they may owe. This applies no matter where in the world one lives, where the origin of the income may have been, or where the income is deposited, either in the U.S. or offshore.
2) There is nothing illegal about U.S. persons investing, banking, doing business, or living offshore in some other country -- although the Internal Revenue Service (IRS) does its propaganda best to scare Americans into keeping their cash in the U.S. where the fed tax hounds can watch it and get to it, if they so desire. The IRS hates the fact that while offshore tax havens have had (until now) guaranteed financial privacy, there now is absolutely zero financial privacy in the United States under the PATRIOT Act and other Draconian laws.
3) If, using your constitutionally-guaranteed (but rapidly diminishing freedoms), you invest or have financial accounts offshore, U.S. law requires that:
a) you annually inform the IRS (on Form 1040) that you have an offshore account over which you have direct or indirect control;
b) U.S. persons (including corporations, trusts and other entities) disclose their status each year by June 30 describing any foreign financial accounts in which the person (entity) has a beneficial interest or direct or indirect signature authority if the combined total of all foreign financial accounts at any time in the calendar year exceeds US$10,000. The report requires the filer to provide name, address, date of birth and taxpayer identification number, the name of the foreign financial institution, the country where the account is located, the type of account and the account number for each account. (This is the infamous U.S. Treasury FBAR Form, TD F 90-22.1 - Report of Foreign Bank and Financial Accounts.)
4) The stated policy of the Sovereign Society from our founding more than a decade ago has been advocacy of full compliance with applicable tax and financial reporting laws. We remind our members and subscribers that U.S. law requires income taxes to be paid on all worldwide income (see above) and that willful noncompliance may result in criminal prosecution. We suggest that you consult a qualified attorney or accountant to insure that you know, understand and comply with these and any other reporting requirements. We even go so far as to reprint the IRS forms in our publications and provide notice of due dates with Internet IRS form links in our web publications.
UBS Bank Scandal
Now that we have that out of the way, let's get to the fetid meat of the current UBS banking mess.
No, I am not referring to the crass stupidity of the UBS managers that has cost the bank and its stock owners tens of billions in lost dollars and euros. If your interested in my comment on that, click here.
What I am talking about was inspired by an email from a Sovereign Society member who said he was beginning to doubt the claims of available offshore financial secrecy, based on recent news stories about the indictment and testimony of an ex-UBS banker, a disgruntled American named Bradley Birkenfeld.
After reading the UBS story anyone well might have doubts about offshore financial privacy -- exactly the doubts the IRS wants to foster among gullible Americans. (By the way, the Sovereign Society has been warning against using UBS for a decade because of their anti-privacy policies).
Apparently the feds believes some American UBS clients may have used offshore accounts to hide as much as $20 billion in assets from the IRS. Doing so may have enabled these people to dodge a possible $300 million in federal taxes on income from those assets, according to a nameless government official.
As noted above, using offshore bank and other accounts is not illegal for U.S. taxpayers, but hiding income in so-called "undeclared accounts" is. At issue is whether the UBS clients filed tax forms with the I.R.S., disclosing securities and assets held offshore, as required by law. Switzerland does not consider tax evasion a crime, and using undeclared accounts is legal there.
The Swiss government and private banking sector reportedly sent a delegation to Washington to meet with U.S. Justice Department (DOJ) officials last week. The trip follows a request by the Justice Department to the Swiss government for assistance in the investigation of UBS. Among other things, the US DOJ is seeking to force UBS to turn over the names of up to 20,000 American offshore clients who may have violated United States tax laws.
Replay of an IRS Ploy
Note that this extraordinary demand means that the U.S. government takes the preposterous position that any U.S. person with a UBS account is automatically considered to be a potential tax evader.
This is an alarming replay of the same high handed IRS position taken in 2002 when the IRS made a phony issue of Americans using credit cards issued by offshore banks. Then the IRS attacked all Americans with offshore bank, investment or other accounts that issued credit cards. Using half truths and distortions, the IRS smeared with the presumed guilt of tax evasion all offshore credit card holders. While it conceded offshore based credit cards were legal, the IRS insisted some people "might" use offshore accounts and the cards to hide unreported income.
On that 2002 paper thin presumption, the IRS forced a nervous American Express and MasterCard to turn over all the records of 230,000 U.S. persons with offshore credit cards issued by banks in The Bahamas, the Cayman Islands and Antigua. It also got a U.S. court to order VISA to turn over the records of hundreds of thousands of US persons with credit cards issued in any IRS-designated "tax haven" nations from Luxembourg to Singapore. (The court had jurisdiction because the major credit card companies had collection operations within the United States).
At first the IRS claimed that $70 billion a year was being lost by credit card evasion. Later they said they had identified 82,100 taxpayers who they said used offshore accounts to evade taxes, with an estimated annual tax loss at $447 million. When it was all over a few years later a deflated IRS admitted that only about 1,500 taxpayers had been caught and paid a few million in back taxes.
For this paltry return, information on hundreds of thousands of Americans with offshore credit cards had been turned over to the IRS to fuel their scare campaign.
German Bribery
Last March the German secret police agency, the Federal Intelligence Service (BND), (the equivalent of the U.S. Central Intelligence Agency), paid a €5 million, (US$7.3 million) bribe to a disgruntled employee of LGT Bank in Liechtenstein.
In violation of Liechtenstein's bank secrecy and criminal laws, the well paid informant sold the BND an out of date compact disk alleged to contain the names of German and other nationals with accounts at the bank. Based on the subsequent statements of German Chancellor Angela Merkle and her ministers that authorized this unprecedented criminal bribe, the official policy is that any German who has a bank account in Liechtenstein is, ipso facto, judged guilty of tax evasion -- due process be damned.
Sound familiar, IRS?
Reasonable Solution
The manufactured ruckus over some Germans allegedly not paying taxes with secret accounts in Liechtenstein, and now the apostate UBS bankers indictment, are but two more skirmishes in the continuing leftist war against wealth, financial and personal privacy, and, ultimately, against everyone's liberty and freedom. If these guys can squash a sovereign nation such as Liechtenstein and bring a bank the size of UBS to its knees, imagine what they'll do when the knock comes on your door.Plan accordingly and prepare to do battle.
Of course there us a simple way for you to avoid all these tax troubles -- simply file the proper reports and pay your taxes due.
And for those ravenous IRS agents, go back to prosecuting suspected individual persons when there is probable cause to believe each one has violated the law -- and stop the mass smearing of thousands of innocent persons who have a constitutional right to financial privacy and to bank where they please.
In then meantime, unless the IRS plans to send armed military units to Switzerland and Liechtenstein, I doubt that these sovereign nations are going to surrender any time soon.
* Discover the legal ways to save taxes offshore; I tell you Where To Stash Your Cash. Click here.