Saturday, March 20, 2010

Bank secrecy laws and regulations of confidentiality

The Bank Secrecy Act was first adopted in the Caribbean to the Bahamas in 1964. Until then, Switzerland had always been called the "famous banking Oasis" - all over the world for its "private banking". Cayman Islands Government was soon followed by the Bahamas Bank Secrecy Act, and later with the legislation nearly identical to one year. The growth of the Cayman Islands to the Top offshore banking center was initially stimulated by their secrecy laws.

Today, allTax havens, secrecy or confidentiality orders. One exception is Bermuda, which has never officially approved a secret agreement - like Bermuda "common law" in isolation "jurisdiction" has always been beautiful.

It was discovered that the secrecy / confidentiality laws and regulations in a push to offshore companies for the Caribbean and Pacific countries and tax havens for the most part were still there.

While the original idea of banking secrecy has been a good year for 'Off-shore havens, it was not (and never will), well accepted by the U.S. Department of Treasury and its implementing agency - the IRS.

While no one could argue that these countries have the right to pursue and promote their secret banking difficulties, there have been, including the extraction of a criminal element, drug money laundering and tax evasion for questions regarding third developed nations like the United States, United Kingdom, Canada and Australia.

Banking secrecy has worked alone for the end userFor over forty years, but according to the laws of the United States (and the laws of other industrialized countries - Japan, Britain, Canada, Australia), and tax evasion (a crime), only in an offshore account and not the reporting the income tax book. In the United States, the mere existence of bank accounts and security are to be reported on a Form TD 90-22,1.
Few Americans want to report.
http://www.ustax.ch/pdf/2005_f9022-1.pdf

But the secrecy and confidentiality regulations provide protectionto creditors and "other" and where the taxes alone are not the problem, bank secrecy with the "expertise" add up to "asset protection, privacy and more.

Privacy: The author writes: "One can not find the funds off-shore. The Bank Secrecy Act in the Bahamas (Cayman, Anguilla and the BVI) are impenetrable.

Exception: All these countries have mutual legal assistance treaties with the United States and other nations thatfor cooperation in criminal matters (ie different tax matters).

A crime such as embezzlement of property from the coffers of American companies to "be hidden bank accounts, offshore at the end of the conviction and sentence - most of the time.

The MLAT is available on the "Federal Republic of levels of force" by the U.S. Attorney 's office (ie, Miami, Atlanta, New York, Los Angeles is located). However, there is collaboration "is available, private investigationsunder the MLAT except through the use of premises (Bahamas, Anguilla, Cayman), lawyers and local judges in those countries. If pursued, such an investigation, "are often expensive and unnecessary to protect - as a tax haven a good reputation, and even here - that banking secrecy is also a problem in the courts.

Decisions of the United States are not recognized off-shore: "The Supreme Court of the Bahamas does not recognize the judgments of the courts of the United States against a companyestablished in their respective fields. "The same applies to other ports in the Caribbean - including the Cayman Islands, British Virgin Islands, Anguilla, St. Kitts and Nevis.
Federal courts has no jurisdiction: "U.S. Federal Court judges have no power or authority outside the borders of the United States. IRS liens are not recognized in the open sea. Warrants of arrest by U.S. Customs Service are not recognized in the open sea. " - In practice, the author of this statement is correct.

AnotherI find interesting is the protection of offshore U.S. and foreign lawyers do not practice law in these places. For example, here in the Bahamas, you must be a citizen of the Bahamas to a lawyer and practice in the courts Bahamas. Even the biggest company in the United States law would require a firm Bahamas disputes or claims to assert Rent

Notwithstanding the foregoing, there is "integration" between the tax law of the United States and the laws of any foreign nation --unless it is a "Treaty of income tax.

However, the U.S. Treasury Department has opened an "ear" and the setting for the offshore financial community welfare, but this was different from "threats" of "bullying" in order to survive the recognition of their rights and to increase taxes.

The use of tax havens by citizens from all industrial nation is getting his chances and risks. Knowing your home country's tax laws is essential.An offshore companies or banks - no matter how big and serious - not just as interested in the tax bill or a problem.

The irony in all this is that the U.S. Tax Code and the Canadian tax and social security number of the UK tax rules, companies are cheap, have. Not all transactions inbound and outbound is prohibited ", or may be illegal.

With a tax code is 55,000 pages of United States law for the use of tax havens and offshore bank accounts, safediscouraged.
http://www.fourmilab.ch/ustax/ustax.html
http://www.fourmilab.ch/ustax/www/sections.html

But read the U.S. tax code long enough and you will find some light green and loopholes. " For example, own property through offshore companies and offshore trust can "protect" the rental income and capital gains taxes in the United States, when (the "structure" your business and know the U.S. tax code in particular, the CFC rules and revocable inside the United States -- Antitrust law - Section 661 679. Sections

See in particular "power of withdrawal.
http://www.fourmilab.ch/ustax/www/t26-A-1-JIE-676.html

http://www.fourmilab.ch/ustax/www/t26-A-1-JIE-674.html.
There is a foreign earned income exclusion of $ 80,000 is possible, as a reward, and get the agency of the United States or deduct from your pay for his tax return, should know the law.
[http://www.irs.> Gov / businesses/small/international/article/0],, id = 97,130.00. html
But below, in general, more avenues, Americans, Canadians and citizens of the United Kingdom is a pious wish, so be careful.

• 1.2 trillion U.S. dollars of loan dollars to banks Cayman - 10% in 2005, says Cayman Government?

• Sixty percent of this sum came from U.S. investors, "said the Manhattan District Attorney Robert Morgenthau.

• Did you know that there are two online brokerage firm is not in a taxHaven (offshore) - and both are owned 100% by the Bank of New York?

• Did you know that non-resident aliens may be) (including material listed companies trade with foreign countries' "(ie, NYSE, NASDAQ, AMEX) under the tax code and we should not tax capital gains tax?

• "One of the most effective applications of offshore trusts is in combination with a property company with limited liability." - Richard Graham-Taylor, Partner, Ernst & Young, Grand Cayman (January 1990).

• Turnover 2005Ernst & Young worldwide were 19 billion U.S. dollars.

• The Old Material Dupont Nemours and Roosevelt Families Buy a tax haven

• http://tomazz1.wordpress.com/

• [http://www.ncpa.org/abo/staff/pdupont.html]

• http://www.guerrillanews.com/blogs/1839/The_history_of_the_Du_Pont_weapons_industrial_complex

Disclaimer: Pursuant to Internal Revenue Service guidance noted that the Federal Government's tax advice in this communication, including attachments orAccommodation was not provided for or written, and can not be imported by a person or organization in order to avoid penalties under the Internal Revenue Code.

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