Compliance
UBS Ends Tussle With Uncle Sam Over Client's Records In Singapore

The world's largest wealth manager has reached agreement on a dispute with US authorities over a client who had an account in Singapore.
UBS has ended a legal tussle with the US Internal Revenue
Service, agreeing to hand over records on a US client's
account in Singapore. The matter highlights how the US fight
against alleged offshore tax dodgers is heading East.
The case is about Ching-Ye Hsiaw, a US citizen living in China
who had an account in Singapore from 2001 to 2011. On 23
February, the IRS filed a petition asking a federal judge in
Miami to force UBS to produce account records on Hsiaw. The IRS
said it needed the records to determine Hsiaw's income tax
liabilities from 2006 to 2011.
"UBS confirms that it complied with the summons based on client
consent in accordance with Singapore law," the bank told this
news service in an emailed statement.
An agreement meant the Zurich-listed bank handed over records on
31 May and 10 June, the Justice Department said earlier this
week.
“UBS AG has complied with an Internal Revenue Service (IRS)
summons for bank records held in its Singapore office,” the DoJ
said in a statement on its website.
“Because UBS has now produced all Singapore-based records
responsive to the request and the IRS determined that UBS
complied with the summons, the Justice Department has voluntarily
dismissed its summons enforcement action against the bank,” it
said.
“The IRS served an administrative summons on UBS for records
pertaining to accounts held by Ching-Ye 'Henry' Hsiaw.
According to the petition, the IRS needed the records in order to
determine Hsiaw’s federal income tax liabilities for the years
2006 through 2011. Hsiaw transferred funds from a
Switzerland-based account with UBS to the UBS Singapore branch in
2002, according to the declaration of a revenue agent filed at
the same time as the petition. UBS refused to produce the
records, and the United States filed its petition to enforce the
summons,” the DoJ continued.
“The Department of Justice and the IRS are committed to making
sure that offshore tax evasion is detected and dealt with
appropriately,” said acting assistant attorney general Caroline
Ciraolo of the tax division. “One critical component of
that effort is making sure that the IRS has all of the
information it needs to audit taxpayers with offshore assets. In
this case, we filed a petition to enforce a summons for offshore
documents, but that’s only one of the tools we have available for
gathering information."
She added: "Taxpayers with offshore assets who underreported
their income should come forward before we come looking for
them."
Singapore has not yet felt the full force of US worldwide tax
enforcement powers, as Washington has so far focused its
attention on Switzerland, home to around a quarter of an
estimated $10 trillion in offshore funds (source: Boston
Consulting Group). Swiss bank secrecy laws, dating back in their
current form to 1934, have been breached in a series of
agreements and the country has signed up to the Common Reporting
Standard regime, enabling exchange of data.
The Asian city-state is sometimes considered a home for money
that might be fleeing Switzerland, although regulators such as
the Monetary Authority of Singapore have been at pains to stress
the jurisdiction is not a soft touch for dirty money. A few weeks
ago, the MAS moved to revoke the merchant banking licence of
BSI Bank, part of Lugano-headquartered BSI, for anti-money
laundering offences connected with allegedly corrupt transactions
around Malaysia’s state-run 1MDB fund.
While the US has used its economic clout to go after offshore
financial centres such as Switzerland, it has been accused of
hypocrisy. The state of Delaware, for example, is sometimes
condemned as offering weaker levels of disclosure around
beneficial ownership than is the case with some other IFCs, and
lawmakers in Congress have not yet readied legislation to enable
data to be extracted from the US.