This is link to a file of the opening remarks by Senator Carl Levin and testimony made to the committee investigating
Note in 10 years the $100 Billion per year would result in increased revenues of $1 Trillion or about two thirds of the program cuts the Congressional 'Super' committee is charged with coming up with!
http://hsgac.senate.gov/public/_files/OPENINGCARLLEVINMarch409Hrg0.pdf">TAX HAVEN BANKS AND U.S. TAX COMPLIANCE
Each year, the United States loses an estimated $100 billion from U.S. taxpayers using
offshore tax schemes to dodge their U.S. tax obligations. Those offshore shenanigans cheat
honest U.S. taxpayers who pay their fair share and rob the U.S. Treasury of funds needed for the
operations of our government.
This Subcommittee has dedicated significant effort to combating offshore tax abuse.
We’ve exposed some of the facilitators – the lawyers, accountants, broker-dealers, company
formation agents, trust administrators, and others that help clients dodge their U.S. tax
obligations. We’ve exposed some of the schemes, such as mass marketed tax shelters peddled as
investment strategies, networks of offshore trusts and corporations with hidden assets, phony
offshore stock portfolios used to offset real income, and deceptive offshore transactions used to
recast taxable income as allegedly tax free payments.
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First, let’s examine the UBS case. UBS is headquartered in Switzerland and is one of the
largest banks in the world. During our July hearing, UBS admitted publicly for the first time that
an estimated 19,000 U.S. clients had opened UBS accounts in Switzerland with nearly $18
billion in assets that were not disclosed to the U.S. Internal Revenue Service (IRS).
Since then, new evidence suggests that there may be far more than 19,000 U.S. clients
with hidden accounts at that Swiss bank. A 2004 UBS internal report, which was introduced in
court by the United States and we’ve marked as Hearing Exhibit 12, analyzes the U.S. client
accounts opened in Switzerland.
It states:
“The number of account relationships in WM&BB in Switzerland with US residents
where the account holder has not provided a W-9 is approximately 52,000 (representing
CHF 17 billion” – which means 17 billion Swiss francs” -- in assets).”
“WM&BB” stands for the Wealth Management and Business Banking group at UBS in
Switzerland. A “W-9” is the form that is supposed to be filed with the bank by an accountholder
who is a U.S. person. The reference to “account relationships” leaves it unclear whether UBS
had 19,000 U.S. clients, as UBS estimated in July, many of whom may have had multiple
accounts; or whether it had 52,000 U.S. clients; or some number in between. We hope to clear
up that issue today.
UBS also admitted during our July hearing that, for years, its Swiss bankers had made a
practice of traveling to the United States to search out new clients and service existing clients,
even though its Swiss bankers were not licensed to provide banking or securities services while
in the United States.
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Despite those admitted facts, UBS refuses to turn over the vast majority of the names of
the U.S. persons with whom they schemed to defraud the United States. UBS and Switzerland
justify that refusal by invoking Swiss secrecy laws. They say the United States should use the
tax treaty process instead, but that won’t help, because the Swiss have interpreted the treaty to
deny information requests about potential tax cheats whose names are unknown. And why are
those names unknown? Swiss secrecy laws.
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As a first step, Congress should enact the Stop Tax Haven Abuse Act, S. 506, which I
and my colleagues introduced earlier this week and which the Obama Administration endorsed
yesterday through Treasury Secretary Geithner.
This bill offers powerful new tools to detect and stop offshore tax offenders, including by
ending the Ugland House scam that allows phony offshore shell corporations operated from the
United States to dodge U.S. taxes, permitting the establishment of legal presumptions that can be
used to combat offshore secrecy, authorizing special measures against financial institutions or
countries that impede U.S. tax enforcement, requiring third-party disclosures of offshore
transactions, extending the deadline for assessing taxes in offshore cases from 3 to 6 years, and
closing a raft of offshore tax loopholes.
There are also actions that the Obama Administration can take to clamp down on offshore
tax abuses, without waiting for legislation. The Administration could, for example, establish a
special enforcement unit to handle the hundreds if not thousands of prosecutions likely to result
from the UBS case alone and to initiate proceedings against other tax haven banks. That
enforcement unit would send the message that the UBS tax scofflaws are not going to get off
scot free, and no tax haven bank account is free from risk.
The Administration could also become an active participant in ongoing international
efforts to penalize offshore jurisdictions that facilitate tax evasion. Efforts by the G20 group of
nations to coordinate action against offshore tax havens are gaining steam in anticipation of the
G20 meeting in April, but the United States has so far been largely silent. It is time for the
United States to become a leader, not a follower, in international efforts to develop a list of
uncooperative tax havens and to develop a toolbox of penalties to be imposed on those who
impede tax enforcement.
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Offshore tax abuses are burning a $100 billion hole in the U.S. budget. While the Justice
Department and the IRS are to be commended for their creative and tenacious efforts in the UBS
case, no one should think for a moment that the offshore tax battle is over, even if the IRS wins
its lawsuit. Despite UBS’ being caught red-handed and admitting wrongdoing, the Swiss
Government is fighting the John Doe summons and defending Swiss secrecy. The president of
the Swiss Bankers Association, Konrad Hummler, told the press that, “The large majority of
foreign investors with money placed in Switzerland evade taxes,” but showed no regret that
Swiss financial institutions are facilitating that tax evasion – quite the contrary since tax evasion
is not a crime in Switzerland. And Switzerland is just one of 50 tax havens battling to keep
offshore secrecy laws in place.
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Now, I don't know what has become of the Stop Tax Haven Abuse Act, S. 506, but in this Corporate Lobbyist Party impaired Congress, I doubt if it's gotten very far. This bill would not increase anybody's taxes. It is just intended to help enforce the current laws on the books - especially with regard to Buckaneer Banks like UBS!