Swiss retaliation in UBS row?

In an encouraging show of backbone, the Swiss People's Party called for sanctions against the U.S. today in retaliation for the IRS meddling in the affairs of UBS's private client accounts.

http://www.reuters.com/article/rbssFinancialServi…

Among the proposed sanctions are the repatriation of Swiss gold held in the U.S. and banning the sale of U.S. funds in Switzerland.

Okay, I know a lot of you feel the IRS is entitled to this action, and I'm not looking to start another donnybrook like the one on Thursday's thread:

//www.wallstreetoasis.com/forums/swiss-govt-folds-l…

My question is this: Is it wise to piss off a staunch ally who is already our de facto representative to countries where we have no diplomatic presence? The U.S. has already succeeded in putting an end to the "bad behavior", as UBS has already closed all the accounts. Where is the percentage in alienating Switzerland over a few tax dollars, especially in the context of the current meltdown?

 

eh who really cares. with obama and clinton, we'll find another country to do our diplomatic dirty work. i find it hard to believe that switzerland is really that important to US diplomatic policy. after all, their whole neutrality thing makes it hard to be actually partisan towards us.

i'd rather have the tax dollars. if the swiss don't like it, UBS can get the hell out of town. more work for MS/GS/JPM etc.

 
Best Response

I actually kind of agree with you on this one Edmundo. While its wrong for people to cheat on their taxes, its also wrong for banks to reveal their private client lists.

Its one of those things like should a lawyer defend someone who murders children? Well, one could argue that it would be better for society if lawyers just gave up those clients, but there are great reasons where for the sake of living in a just and well-ordered society the murderer should be entitled to the best defense he can get.

I defer to the law of power on this one. If the IRS can beat down Swiss banks, then great for the IRS (who is right) and shame on the Swiss banks (who are wrong). If the Swiss banks can stop the IRS, then good for the Swiss banks (who are right) and shame on the IRS (who is right but got beat out of doing their job.

 

Just how much do US think they can squeeze out of UBS et al?

Not that much, surely?

I think it's more to do with US trying to frighten other people who've been withholding paying tax to come clean, rather than trying to crush UBS.


Just my 2c.

__________ Just my 2c.
 

I think it's absolutely stupid to try and piss off Switzerland for some tax money. Switzerland has a long tradition of bank secrecy. Even if they succeed in breaking Switzerland on this, there are other tax havens where people can put their money. I don't really care at all about these people cheating on their taxes, the question we should ask is why they even see it as worth their while to take the risk in the first place. The US (and other European countries even more...Germany, France etc.) should just create the right incentives by lowering taxation so that people won't feel the need to cheat on their taxes and to send their money overseas. Overtaxation is really the root of the problem, it's all about incentives.

And Switzerland is important diplomatically to the US, no question about it. It's exactly their neutrality that makes them so important.

 

Honestly, the Swiss should be penalized for helping people dodge the IRS for so many years. It is ridiculous. If they want to operate in our country then they need to follow our laws. And the whole "neutral" thing they have going on makes me want to spit at them.

Let the Swiss cry all they want; they won't do anything about it. If they do they will quickly remember just how much money they off their US relationship and they will make amends very shortly.

 
sbmerchant:
Honestly, the Swiss should be penalized for helping people dodge the IRS for so many years. It is ridiculous. If they want to operate in our country then they need to follow our laws. And the whole "neutral" thing they have going on makes me want to spit at them.

Let the Swiss cry all they want; they won't do anything about it. If they do they will quickly remember just how much money they off their US relationship and they will make amends very shortly.

Wow, what an ignorant statement. Do you for one second think it is in US interests to antagonize Switzerland? They've been formally neutral since 1815 - a minor spat over taxes is not going to bring Switzerland to its knees, as you imagine, while it could very well harm much more important US interests. I'm glad, however, that you imagine the IRS to be more terrifying than Hitler.

You need to drop the imperialist attitude and recognize there are traditions more important than your provincial anger. I'm glad you're ready to spit at Switzerland for being neutral - warmongering is just so classy.

 

What US interests can Switzerland harm? Besides pointing to the rantings of a Swiss political party, can anybody actually tell me how Switzerland is so important to our diplomatic, military and economic interests? And how them "sanctioning" us is going to matter in the least? I'm looking for specifics that show some knowledge of their actual importance to the US economy and security structure, beyond your preference for having a haven where you can avoid US taxes and break the law.

After all, they sure as hell aren't China.

 

xqtrack,

You are correct in stating that our economic and security dependence upon Switzerland is negligible. The thing that should be of concern to all Americans, however, is the consequence of this attack on sovereign Swiss banking laws.

While these types of things normally cause unintended consequences, I have to believe the U.S. Government fully intends the consequences this action will produce. What I am speaking of specifically is the message this sends to the rest of the world as it pertains to dealing with American assets abroad. The sad fact is that it is probably already too late.

Other countries will take this aggression very seriously. Very few countries have the deep pockets and stable economy that Switzerland enjoys, and if the Swiss can be brought to heel by the IRS, no other country will be willing to shield American assets. I'm afraid this is already the case in all but the most marginal island tax havens.

Why this should be of concern to the average American is that the noose is tightening. The federal government is a big, dumb animal. It is wounded, and has been since the Reagan administration. And wounded animals only have one instinct. The government is attempting to make it impossible for Americans to move their assets out of America. If you think it is just a tax thing, you are deluding yourself.

Whatever your opinion of me, you owe it to yourself and your family to take the steps necessary to protect whatever wealth you've managed to accumulate. No longer is it enough to diversify among asset classes. It is now paramount to diversify among nation/states.

Believe me, they realize this. And they will do anything to stop it.

 
Edmundo Braverman:
The thing that should be of concern to all Americans, however, is the consequence of this attack on sovereign Swiss banking laws.

Edmundo,

This is plain retarded.

The issue is very simple. When you do business in the US under an American banking charter, does US law govern or does Swiss law govern?

UBS's corporate strategy in the US was to do everything possible to help Americans violate US tax laws.

And you seem to think there's nothing the IRS could or should do about that. Because no Swiss was violated.

The IRS doesn't give a damn about Swiss law. UBS's US operations can't claim immunity from US law any more than McDonald's can claim US law allows it to serve Egg McMuffins containing bacon in Saudi Arabia, Muslim strictures be damned.

Why is this so difficult for you to comprehend?

Here's what's going to happen. A federal judge has given UBS until April 30 to turn over the 51,000 names. If it doesn't (and it probably won't), the Justice department will hit UBS with one or more felony indictments.

Felony indictments, Edmundo. Remember what happened to Arthur Anderson? It got convicted on a single felony charge and within hours the largest accounting firm in the US was out of business for good. (Yes, the Supreme Court overturned the conviction because the judge's instructions to the jury were flawed. But that merely gave AA the right to a new trial. By then it didn't matter.)

UBS is facing being denied the right to do business in the US. Whether that imperils the firm's existence, I don't know. As a practical matter, it will probably be forced to pay huge fines and shutter certain operations before seeking fresh banking charters, all which will take years. Meaning it could become a drastically reduced firm, a minor player in a business were it was once a giant.

The feds will nuke UBS using the same laws designed to hit people who launder money for drug dealers and terrorists. Serves UBS right. It's one thing to set up secret accounts for the handful of Americans who make the effort to come to Switzerland. It's quite another to enable Americans to avoid lawful US taxes be the cornerstone of your private wealth management business in the US.

UBS had to have known US prosecutors were going to go batshit the second their scheme got discovered. It's so mindbogglingly stupid you have to wonder about the business judgment of Swiss bankers. A corporate strategy in which the downside is to jeopardize the firm's existence and have the bankers face prison -- didn't they think to run this past their lawyers?

 

I agree with you Edmundo about the noose tightening.

I guess where I disagree though is the point about the "average American". Truth is, the only people who can afford to have offshore tax havens are far from average; far even from above average. My understanding is that offshore tax accounts only really become efficient when your net worth is in the millions at the least (but I'm not an accountant and have no special knowledge, so if any PWM people who do understand this kind of stuff want to chime in, please do). People who only make 600k per year are left out.

So why does this bother me? Not, actually, because I think the rich should be paying more taxes (I don't). But rather because the availability of an escape clause is what allows rich people to support politicians that are only going to make the situation worse--it assuages their conscience (hey look at me I vote for income redistribution!! more welfare! expand government! damn all those rich people!!), and doesn't affect their pocket book.

It's one of the same reasons I support there being equal taxation for PE/hedge fund partners (ie income taxation on performance fees). There should be equity in the system, if only because it will force those who have to carry their share of the equity to actually pay attention to whom they donate 50k to.

I can understand your point of view (and if your situation is as nice as you make it out to be, renouncing citizenship is a great way to go while you still can); it's definitely more in the self-interest of individuals to be able to evade taxes (more in yours, more in mine). But I just don't think it's in the interests of the nation as a whole for certain classes of people to be able to do this while others can't.

 

Just to stop any wild rumors in their tracks, I don't have the kind of dough that requires an offshore tax haven. While I have done very well in the course of my career, Paris Hilton isn't calling me for lunch money.

Where I think the average American needs to be concerned is that the restrictions never end with the rich. The noose always tightens further and further until everyone gets choked out. Once the government gains a piece of ground, they never give it up.

I'm also not in a position where renouncing my U.S. citizenship would be a great financial benefit. Unfortunately, my only other citizenship is with the U.K., and their tax situation is even more fucked than the U.S.

Moving to France at least enabled me to shield my first $80,000 in annual income from U.S. taxes thanks to an expat exemption that still exists.

 

And, just to add...anyone can open a bank account in Switzerland and hide some money there. You can even do that over the internet for very little money, just google it. So yes, I agree that the people that the US government is after are far from "average American", but tax havens are not just for the super rich. If you want to have bank accounts in Switzerland, Guernsey, Jersey and the Cayman Islands, you can open one in all these places without even going there and even if you only want to put very little money there. More and more poor people in European countries have begun opening bank accounts in Switzerland in recent years because their respective governments can't scrutinize those and take away the little money they have left through outrageous taxation etc. So all these restrictions will most certainly not just hurt some rich guys who just didn't want to pay their taxes.

 

Auto - You are clueless. UBS has already settled its criminal complaint for $780mm. This is a civil matter, not a criminal matter and no felony charges can be brought about. The criminal matter has ALREADY been settled with the Justice Department. In reality, a politically motivated judge is trying to make a name for himself and scare some people out. A settlement has already been reached and UBS is not going to release any of the names. Get a clue before you start claiming this is the end and spouting incorrect BS.

 

You're right. I forgot that UBS paid the fine. I thought they still faced criminal liability (Did it cover the UBS bankers who risked for arrest if they traveled to the US?) My mistake. I stand corrected.

But to claim that what's still to be decided is nothing more than grandstanding by a judge misses the point. We still have 51,000 tax US cheats who are not by any means out of the woods. I predict that in the end UBS will release the names. Or be forced to make a deal by which they pay more fines.

BTW, I hate the Swiss. That they would consider conspiracy to violate US laws to be a routine business practice -- well, what can you expect from scumbags who helped finance Nazi Germany while refusing to honor insurance policies taken out by Jews because the heirs lacked the proper paperwork.

 

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__________ Just my 2c.
 

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