Offshore
Liechtenstein Agreement To Propel UBS US Tax Case

The agreement reached by the US and Liechtenstein governments
will put pressure on the Switzerland government to forge a
similar pact, which could in-turn accelerate the
UBS tax evasion investigation, according to US tax
attorneys.
Liechtenstein said it would grant US tax authorities access to
information kept by its banks on US citizens in certain cases of
tax evasion, effectively ending the distinction between tax fraud
and tax evasion in the country.
Neighbouring offshore giant Switzerland has not agreed to a
similar agreement, but could now be under pressure to make a pact
with the US government, said Manhattan based attorney and
Rubinstein & Rubinstein partner, Asher Rubinstein.
The US Department of Justice and the Internal Revenue
Services are currently investigating whether certain US
clients sought to evade their US tax obligations with the
assistance of UBS client advisors as part of an ongoing
investigation.
Press reports have recently included Credit Suisse and HSBC in
the same investigation.
If Switzerland signs an agreement similar to the Liechtenstein
agreement, the US government is likely to come closer to
prosecuting people currently in their sights for avoiding US
taxes.
“The basis of the Liechtenstein pact is the US can request
information for specific people – they can’t just go on a fishing
expedition and ask for the names of all US taxpayers who have
offshore bank accounts – they need to have predetermined people
they are interested in,” Mr Rubinstein said.
“There is no doubt this agreement now puts the pressure on the
Swiss government to do the same,” he added.
UBS is said to have handed on a “small group” of names who were
clients with the firm’s now defunct US cross-border business that
were likely to be of “potential interest” to US authorities as
part of their ongoing investigation, people close to the firm
have said.
UBS could not offer up its clients' information to US authorities
without breaching Swiss law, even though US authorities requested
the information, a UBS spokeswoman confirmed.
“Under Swiss law, UBS cannot turn over Swiss-based client data to
US – or other foreign government – authorities,” the spokeswoman
said.
“Pursuant to a Switzerland-US treaty, such matters must go
through an ‘administrative assistance’ process. The
administrative assistance proceedings are a matter between the
relevant domestic and foreign authorities and the UBS clients
concerned,” UBS said in a statement to
WealthBriefing.
Peter Hardy, a partner with Philadelphia based law firm Post &
Schell who represents UBS clients in the matter, estimates there
are “several dozen” US attorneys representing the interests of
individuals who held accounts with UBS’ cross boarder
business.
“There is no lawyer I know who will counsel their client to do an
evasive act, but by liquidating their accounts, UBS has put these
people in a bad position, even those with the desire to come
clean,” Mr Hardy said.
In August UBS sent a letter to its clients US offshore-banking
clients advising them to respond within 45 days to discuss the
transfer of their account holdings.