Black money issue: Wary Swiss banks advise some Indians to cash out
At least four individuals have been advised by their respective banks to pull out their money by December 31.
MUMBAI: Leading Swiss banks are trying to distance themselves from some of the dodgy Indian clients who have twisted rules and could be a cause of embarrassment in future.
At least four individuals — three based in Mumbai and one in Delhi — holding the famously anonymous Swiss numbered accounts, have been advised by their respective banks to pull out their money by December 31.
In the past few weeks, they have received calls from bank relationship managers asking them to close the numbered accounts, known for their secrecy and convenience. One of them has been told to close the account by as early as October 30 while another has been asked to prove that tax has been paid on funds lying with the bank, a person aware of the telephonic conversations told ET. "They have been having these accounts for more than a decade," said the person.
Responding to ET's email query, a Bank Julius Baer & Co spokesman said the bank would not want to comment while an external spokesperson for Credit Suisse said, "As a matter of policy Credit Suisse does not comment on alleged client relationships. Credit Suisse is highly committed to the India market and to Indian clients, and we continue to see the country as a key growth market for the bank." Emails sent to UBS through the bank's website media contact form on Friday and Tuesday Tuesday remained unanswered till the time of going to press.
India and Switzerland plan to put in place an automatic information sharing arrangement that will require Swiss banks to report names of resident Indians opening accounts. The persons who were approached by the Swiss banks are under the impression that the pact between the two countries is forcing banks to end relationships with some of the account holders.
Unlike resident Indians who are beneficiaries of trusts that have accounts with Swiss banks, holders of numbered accounts are on a more shaky ground.
At least four individuals — three based in Mumbai and one in Delhi — holding the famously anonymous Swiss numbered accounts, have been advised by their respective banks to pull out their money by December 31
While trust beneficiaries are likely to argue before the tax department and court of law that their names were included without their knowledge and that they received no funds from the trust, numbered account holders are in a more vulnerable situation because such accounts are not opened under the Reserve Bank of India's liberalized remittance scheme — the only official channel that allows individual resident Indians to operate offshore bank accounts and purchase stocks and properties abroad.
In the absence of any specific direction from the Swiss government following a criminal probe or a large-scale investigation, Swiss banks can hold back details such as name, address and passport number of a customer who is no longer an account holder.
"The challenge for these customers is to move the money to some other destination without leaving a trail. Often, the preferred location in such cases is Dubai where the money is parked in the account of a new company incorporated in one of the free trade zones...there is some comfort for the bank as well as a client once an account is closed," said a senior professional specializing in offshore trusts and investments. "We are noticing a sense of discomfort among some of the banks when it comes to Indian names in numbered accounts. Even if they are NRIs, banks are not sure whether these individuals have paid tax in the foreign country where they have been residing," he said.
Even a dormant account with zero balance can prove troublesome as one of the persons who figures in the list of Indians having accounts with HSBC Geneva has realized. The tax office has raised a claim on him on the basis of the minimum balance required for a private bank account together with the interest calculated since the day the account was opened. n a few cases the department has made high-pitched claims, where the income of an offshore trust was clubbed with the income of all the beneficiaries (who are resident Indians) in arriving at the tax demand. The HSBC Geneva list which came to light five years ago, along with subsequent information on Indians linked to firms and bank accounts in British Virgin Islands, boiled over into a political issue with the BJP manifesto promising to bring back undisclosed funds of Indians from Swiss banks. The HSBC list triggered raids and tax demands, often driving the income-tax department to try out ways to persuade the alleged account holders into confession. However, most individuals in the list have so far refused to admit that they have Swiss bank accounts.
At least four individuals — three based in Mumbai and one in Delhi — holding the famously anonymous Swiss numbered accounts, have been advised by their respective banks to pull out their money by December 31.
In the past few weeks, they have received calls from bank relationship managers asking them to close the numbered accounts, known for their secrecy and convenience. One of them has been told to close the account by as early as October 30 while another has been asked to prove that tax has been paid on funds lying with the bank, a person aware of the telephonic conversations told ET. "They have been having these accounts for more than a decade," said the person.
Responding to ET's email query, a Bank Julius Baer & Co spokesman said the bank would not want to comment while an external spokesperson for Credit Suisse said, "As a matter of policy Credit Suisse does not comment on alleged client relationships. Credit Suisse is highly committed to the India market and to Indian clients, and we continue to see the country as a key growth market for the bank." Emails sent to UBS through the bank's website media contact form on Friday and Tuesday Tuesday remained unanswered till the time of going to press.
India and Switzerland plan to put in place an automatic information sharing arrangement that will require Swiss banks to report names of resident Indians opening accounts. The persons who were approached by the Swiss banks are under the impression that the pact between the two countries is forcing banks to end relationships with some of the account holders.
Unlike resident Indians who are beneficiaries of trusts that have accounts with Swiss banks, holders of numbered accounts are on a more shaky ground.
At least four individuals — three based in Mumbai and one in Delhi — holding the famously anonymous Swiss numbered accounts, have been advised by their respective banks to pull out their money by December 31
While trust beneficiaries are likely to argue before the tax department and court of law that their names were included without their knowledge and that they received no funds from the trust, numbered account holders are in a more vulnerable situation because such accounts are not opened under the Reserve Bank of India's liberalized remittance scheme — the only official channel that allows individual resident Indians to operate offshore bank accounts and purchase stocks and properties abroad.
In the absence of any specific direction from the Swiss government following a criminal probe or a large-scale investigation, Swiss banks can hold back details such as name, address and passport number of a customer who is no longer an account holder.
"The challenge for these customers is to move the money to some other destination without leaving a trail. Often, the preferred location in such cases is Dubai where the money is parked in the account of a new company incorporated in one of the free trade zones...there is some comfort for the bank as well as a client once an account is closed," said a senior professional specializing in offshore trusts and investments. "We are noticing a sense of discomfort among some of the banks when it comes to Indian names in numbered accounts. Even if they are NRIs, banks are not sure whether these individuals have paid tax in the foreign country where they have been residing," he said.
Even a dormant account with zero balance can prove troublesome as one of the persons who figures in the list of Indians having accounts with HSBC Geneva has realized. The tax office has raised a claim on him on the basis of the minimum balance required for a private bank account together with the interest calculated since the day the account was opened. n a few cases the department has made high-pitched claims, where the income of an offshore trust was clubbed with the income of all the beneficiaries (who are resident Indians) in arriving at the tax demand. The HSBC Geneva list which came to light five years ago, along with subsequent information on Indians linked to firms and bank accounts in British Virgin Islands, boiled over into a political issue with the BJP manifesto promising to bring back undisclosed funds of Indians from Swiss banks. The HSBC list triggered raids and tax demands, often driving the income-tax department to try out ways to persuade the alleged account holders into confession. However, most individuals in the list have so far refused to admit that they have Swiss bank accounts.
http://timesofindia.indiatimes.com/india/Black-money-issue-Wary-Swiss-banks-advise-some-Indians-to-cash-out/articleshow/44914609.cms
Black money: NDA moves to make names public, top politicians said to be on list
Finance minister Arun Jaitley has not denied the possibility of a former UPA minister being on the list of people who have stashed black money abroad.
NEW DELHI: The NDA government has started filing charges against individuals having illicit accounts in overseas banks, clearing the way for disclosure of names of those who have stashed black money abroad, and triggering speculation that some prominent politicians may figure on the much-awaited list.
Sources said that prosecution has been initiated against one foreign account holder, and will soon be extended to another 15-20 who are on the 'HSBC Geneva list'. Swiss authorities have confirmed the identities of the persons on the list. Launch of prosecution in these cases will meet the condition laid down by Swiss authorities that names of account holders can only be shared with courts after charges are framed.
READ ALSO: Won't withhold black money names: Arun Jaitley
Prosecution proceedings by the income tax department triggered speculation about the identity of the foreign account holders, with political circles discussing names of a former Union minister and the son of another, a former MP with family links to a leading business house, and the scion of a political dynasty which is currently passing through a lean patch.
Significantly, finance minister Arun Jaitley did not deny the possibility of a former UPA minister being on the list. "I am neither confirming, nor denying. I am only smiling," he told Times Now, attracting a hostile response from Congress. When pressed, Jaitley said, "If my opponent's name is there, I will be very enthusiastic in declaring it."
Sources also said a fresh list of 19 persons having illegal accounts with Liechtenstein Bank will be shared with Supreme Court after Diwali. This will be followed by another 20-odd names from the HSBC list.
READ ALSO: Congress will be embarrassed by black money names, Arun Jaitley says
Launch of prosecution come amid resumed fight between BJP and Congress over black money. Congress latched on to the government's stand in SC last week that it could not disclose the names of foreign account holders against whom charges were not framed to say that the Modi government had done a U-turn on the issue. BJP hit back, with Jaitley saying they were hamstrung by treaties signed by the UPA which forbade the government from disclosing names of those not facing charges.
On Tuesday, Jaitley scaled up the retaliatory strike by saying that Congress would be embarrassed when the names came out. The two sides traded fire again on Wednesday, with Jaitley saying, "In case charges are proved against some politician and he or she happens to be a member of a political party, the names will be made public."
TOI spoke independently to investigators and learnt that the list shared by France of Indians having accounts in HSBC Bank, Geneva featured a few Congressmen and their scions with huge deposits at the time the list was leaked.
Interestingly, a former UPA-2 minister, who was sent a notice to appear for questioning to explain his deposits, is believed to also have bank accounts in the UAE and later claimed that he had closed his Swiss accounts long ago.
The government has so far recovered Rs 200 crore by way of tax and penalty from the names shared by Germany and France that included account holders in LGT Bank in Liechtenstein and HSBC Bank, Geneva. The total assessed income in the two cases has gone over Rs 600 crore so far. While prosecution is being launched against many account holders in the HSBC case, the income tax department had filed cases against 18 persons in the LGT Bank case.
After the French government shared the HSBC Bank list having names of 700 Indians in 2011, the finance ministry had asked the Directorate of Criminal Investigation (DCI) to probe the case. DCI had questioned some top industrialists over deposits estimated to be upwards of Rs 800 crore. A few leading politicians, including the son of a former minister in UPA-2 and the son of an influential Maharashtra minister who faced a humiliating defeat in the recently-concluded assembly polls, were put on notice after their names figured on the list.
The total tax and penalty in the LGT Bank case was estimated to go up to Rs 40-45 crore, almost equivalent to the amount that had been spirited away by 19 Indians whose income has now been reassessed to Rs 40 crore, sources said.
Sources said that prosecution has been initiated against one foreign account holder, and will soon be extended to another 15-20 who are on the 'HSBC Geneva list'. Swiss authorities have confirmed the identities of the persons on the list. Launch of prosecution in these cases will meet the condition laid down by Swiss authorities that names of account holders can only be shared with courts after charges are framed.
READ ALSO: Won't withhold black money names: Arun Jaitley
Prosecution proceedings by the income tax department triggered speculation about the identity of the foreign account holders, with political circles discussing names of a former Union minister and the son of another, a former MP with family links to a leading business house, and the scion of a political dynasty which is currently passing through a lean patch.
Significantly, finance minister Arun Jaitley did not deny the possibility of a former UPA minister being on the list. "I am neither confirming, nor denying. I am only smiling," he told Times Now, attracting a hostile response from Congress. When pressed, Jaitley said, "If my opponent's name is there, I will be very enthusiastic in declaring it."
Sources also said a fresh list of 19 persons having illegal accounts with Liechtenstein Bank will be shared with Supreme Court after Diwali. This will be followed by another 20-odd names from the HSBC list.
READ ALSO: Congress will be embarrassed by black money names, Arun Jaitley says
Launch of prosecution come amid resumed fight between BJP and Congress over black money. Congress latched on to the government's stand in SC last week that it could not disclose the names of foreign account holders against whom charges were not framed to say that the Modi government had done a U-turn on the issue. BJP hit back, with Jaitley saying they were hamstrung by treaties signed by the UPA which forbade the government from disclosing names of those not facing charges.
On Tuesday, Jaitley scaled up the retaliatory strike by saying that Congress would be embarrassed when the names came out. The two sides traded fire again on Wednesday, with Jaitley saying, "In case charges are proved against some politician and he or she happens to be a member of a political party, the names will be made public."
TOI spoke independently to investigators and learnt that the list shared by France of Indians having accounts in HSBC Bank, Geneva featured a few Congressmen and their scions with huge deposits at the time the list was leaked.
Interestingly, a former UPA-2 minister, who was sent a notice to appear for questioning to explain his deposits, is believed to also have bank accounts in the UAE and later claimed that he had closed his Swiss accounts long ago.
The government has so far recovered Rs 200 crore by way of tax and penalty from the names shared by Germany and France that included account holders in LGT Bank in Liechtenstein and HSBC Bank, Geneva. The total assessed income in the two cases has gone over Rs 600 crore so far. While prosecution is being launched against many account holders in the HSBC case, the income tax department had filed cases against 18 persons in the LGT Bank case.
After the French government shared the HSBC Bank list having names of 700 Indians in 2011, the finance ministry had asked the Directorate of Criminal Investigation (DCI) to probe the case. DCI had questioned some top industrialists over deposits estimated to be upwards of Rs 800 crore. A few leading politicians, including the son of a former minister in UPA-2 and the son of an influential Maharashtra minister who faced a humiliating defeat in the recently-concluded assembly polls, were put on notice after their names figured on the list.
The total tax and penalty in the LGT Bank case was estimated to go up to Rs 40-45 crore, almost equivalent to the amount that had been spirited away by 19 Indians whose income has now been reassessed to Rs 40 crore, sources said.
http://timesofindia.indiatimes.com/india/Black-money-NDA-moves-to-make-names-public-top-politicians-said-to-be-on-list/articleshow/44913717.cms