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14,700 Taxpayers Voluntarily Disclosed Foreign Accounts to IRS
Web CPA ^ | 11/17/2009 | Web CPA staff

Posted on 11/18/2009 5:35:04 AM PST by tired&retired

14,700 Taxpayers Voluntarily Disclosed Foreign Accounts to IRS Washington, D.C. (November 17, 2009)

Over 14,700 holders of foreign bank accounts told the Internal Revenue Service about the existence of the accounts under a voluntary disclosure program.

IRS Commissioner Doug Shulman said the agency received voluntary disclosures about the presence of billions of dollars in assets in bank accounts located in 70 countries.

Doug Shulman “To put it simply, this is a historic milestone for the nation’s hard-working taxpayers,” he said, according to the Associated Press.

The IRS had extended the program and offered to allow most of those who came forward voluntarily to avoid criminal prosecution for tax evasion. The agency has successfully prosecuted several UBS account holders who did not come forward voluntarily.

UBS had provided about 150 to 300 names of U.S. taxpayers under a deal with the Justice Department in February in which the Swiss bank also paid $780 million in penalties to avoid prosecution. In August, under a deal brokered between the Swiss and U.S. governments, the bank agreed to provide the names behind an additional 4,450 bank accounts.

Separately, the Swiss Federal Tax Administration revealed the criteria it will use to disclose taxpayer information to the IRS under the August agreement.

According to the criteria set out in an annex to the agreement, the U.S. treaty request covers the following persons where there is a reasonable suspicion of "tax fraud or the like":

• U.S.-domiciled clients of UBS who directly held and beneficially owned undisclosed (non-W-9) custody accounts and banking deposit accounts in excess of 1 million Swiss francs (about $984,000) at any point in time between 2001 and 2008;

• U.S. persons (irrespective of their domicile) who beneficially owned offshore company accounts established or maintained between 2001 and 2008.

Further investigations are ongoing in both categories to establish whether "tax fraud or the like" has been committed under the terms of the tax treaty, according to the Swiss government. The term "tax fraud or the like" is defined in greater detail in the agreement on the UBS affair. On the one hand, it also extends to fraudulent conduct (e.g., constructing a scheme of lies or submitting incorrect or false documents) that might result in the concealment of assets and the underreporting of income.

Where such conduct is proven, the qualifying threshold under the U.S. treaty request is lowered to include holders of accounts containing assets of 250,000 Swiss francs (about $246,000) or more. In addition to cases of conventional "fraudulent conduct," Switzerland may also be asked to obtain information on continued and serious tax offenses. According to the annex, this refers to accounts that generated revenues of more than 100,000 Swiss francs (about $98,000) on average per year for a period of at least three years, where such revenues were not reported to the IRS.

Under the terms of the agreement, the Swiss Federal Tax Administration must evaluate the 4,450 UBS accounts within 360 days of the treaty request being received, on Aug. 31, 2009. The dossiers are sent to the SFTA, and auditing firm PricewaterhouseCoopers reviews the facts in accordance with SFTA instructions. The legal qualification lies with the SFTA.

The Swiss government will allow the individuals concerned to inspect their dossiers upon request, and will also give them the opportunity to state their case. Finally, the SFTA will decide whether or not assistance will be provided, and will issue a final decision. Upon receipt of this decision, the individuals concerned have 30 days in which to lodge an appeal with the Swiss Federal Administrative Court, which will issue a final decision. The Swiss government estimates the costs of the UBS affair at around 40 million Swiss francs, or over $39 million.

Approximately 40 people, including 10 from PwC, are currently employed on the project.


TOPICS: Business/Economy; Crime/Corruption; Foreign Affairs; News/Current Events
KEYWORDS: irstreasury
The penalties on these accounts are on a per year basis, thus many people will end up having their entire account seized plus their US assets as the taxes, penalties and fines exceed the balance in the foreign accounts. This is a seizure procedure by the US.

Interesting as the government is scaring everyone from foreign bank accounts so that when they crash the U.S. dollar there is not a mass exodus of $$$ by the people.

1 posted on 11/18/2009 5:35:06 AM PST by tired&retired
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To: tired&retired

I think the important issue here is...how many of them are Senators and Congressmen? ;)


2 posted on 11/18/2009 5:39:18 AM PST by Diana in Wisconsin (We have a Pisher in Chief!)
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To: tired&retired

Geez, you can just hear the drool of the libs hitting the floor on this one...


3 posted on 11/18/2009 5:43:11 AM PST by swatbuznik
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To: Diana in Wisconsin
You ask a very interesting question :)

On a related note, from last week...

237 Millionaires in Congress

4 posted on 11/18/2009 5:43:51 AM PST by mewzilla (Voter fraud is treason.)
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To: tired&retired

They’d have been better off investing their money in mattresses and shovels.


5 posted on 11/18/2009 5:46:05 AM PST by bgill (The framers of the US Constitution established an entire federal government in 18 pages.)
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To: mewzilla

Yep. And I’m represented by Herb Kohl (Top Gazillionaire Senator) and then Russ Feingold on the other end who has about $80K to his name, LOL!


6 posted on 11/18/2009 5:52:49 AM PST by Diana in Wisconsin (We have a Pisher in Chief!)
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To: Diana in Wisconsin
A helpful link to use if anyone's curious about his/her Sens' and Rep's personal finance disclosure forms...

Personal Finances: Overview

There's plenty of wiggle room in the disclosure rules, but it's a start.

7 posted on 11/18/2009 5:56:53 AM PST by mewzilla (Voter fraud is treason.)
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To: tired&retired
Interesting as the government is scaring everyone from foreign bank accounts so that when they crash the U.S. dollar there is not a mass exodus of $$$ by the people.

Losses would be deductible? (wouldn't that be ironic?)

8 posted on 11/18/2009 5:59:48 AM PST by This_far (Mandatory insurance! I thought it was about health care?)
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To: tired&retired

This is all Obama propaganda to picture him as a deficit hawk and someone who will make tax cheats pay. The only problem is that he has appointed a tax cheat to be his Treasury Secretary and people like Charlie Rangel are running power Congressional committees. More smoke and mirrors. Let’s see how much tax money is actually recouped.


9 posted on 11/18/2009 6:05:50 AM PST by kabar
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To: Diana in Wisconsin

I wonder how many are democrats?


10 posted on 11/18/2009 6:06:15 AM PST by july4thfreedomfoundation (A Jimmy Carter got us a Ronald Reagan.....a Barack Obama will get us a Sarah Palin)
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To: bgill
“They’d have been better off investing their money in mattresses and shovels”

And buying travelers checks in a foreign currency if you do not like gold.

11 posted on 11/18/2009 6:32:30 AM PST by Leo Farnsworth (I'm not really Leo Farnsworth...)
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