For many decades, Switzerland was famous for its strict banking privacy laws. These are still celebrated in Hollywood and pop culture to this day. But Swiss banking secrecy experienced drastic changes in 2017, when Switzerland entered into an agreement to automatically share bank customer information with the governments of numerous countries.
The term bank secrecy is often used in everyday speech, but Swiss banks normally refer to the practice as bank customer secrecy.
What does bank secrecy mean?
It is illegal for bank employees to share information about their customers with third parties. On the one hand, this applies to concrete information about individual accounts, account balances, and transactions. On the other hand, bank customer secrecy laws also forbid banks from informing third parties about bank-client relationships.
Failure by a bank to comply with bank customer secrecy laws is punishable by up to five years in prison, a financial penalty, and a fine of up to 250,000 Swiss francs.
Do Swiss banks share information with tax authorities?
That depends on where the customer lives – or more specifically, which countries they have tax residence in.
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For bank customers who are tax resident in a country other than Switzerland:...
- If the account holder has tax residence in a country which is covered by the agreement for the automatic exchange of information, Swiss banks automatically submit information related to the customer’s account to the Swiss Federal Tax Administration. This office then passes it on to the tax authority of the country where the person has tax residence.
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Damian Williams, the United States Attorney for the Southern District of New York, Stuart M. Goldberg, the Acting Deputy Assistant Attorney General for Criminal Matters of the Justice Department’s Tax Division, and Jim Lee, the Chief of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced today the filing of criminal charges against Swiss Bank, BANQUE PICTET ET CIE SA (“BANQUE PICTET” or the “Bank”) for conspiring with U.S. taxpayers and others to hide more than $5.6 billion in 1,637 secret bank accounts in Switzerland and elsewhere and to conceal the income generated in those accounts from the IRS.
As part of today’s resolution, BANQUE PICTET entered into a Deferred Prosecution Agreement (“DPA”) and agreed to pay approximately $122.9 million to the U.S. Treasury. Today’s resolution is one of a series of cases brought by the Department of Justice in connection with its investigations since 2008 into facilitation of offshore U.S. tax evasion by foreign banks. The case has been assigned to U.S. District Judge Edgardo Ramos.
U.S. Attorney Damian Williams said:“As it has admitted today, Banque Pictet knowingly conspired to conceal from the IRS the income generated by accounts which held more than $5.6 billion. Thanks to the hard work of the career prosecutors of this Office and our law enforcement partners, Banque Pictet has agreed to pay more than $122.9 million and will continue to cooperate with the Department of Justice. Rooting out financial malfeasance remains a priority for this Office, and we encourage companies and financial institutions to come to us to report wrongdoing before we come to you.”
Acting Deputy Assistant Attorney General Stuart M. Goldberg said: “Today, Banque Pictet et Cie admitted to actively helping U.S. taxpayers use coded accounts, foreign trusts and entities, nominee beneficiaries and other deceits to conceal their income and assets abroad. For this criminal conduct the bank will be paying nearly $122.9 million in restitution, disgorgement of fees and a financial penalty, and is required to fully cooperate with investigations relating to these secret accounts.”
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Swiss Private Bank, Banque Pictet, Admits To Conspiring With U.S. Taxpayers To Hide Assets And Income In Offshore Accounts
Damian Williams, the United States Attorney for the Southern District of New York, Stuart M. Goldberg, the Acting Deputy Assistant Attorney General for Criminal Matters of the Justice Department’s Tax Division, and Jim Lee, the Chief of the Internal Revenue Service, Criminal Investigation...