Saturday, November 21st, 2009

The Truth About UBS vs. IRS that You Won’t Find in the Newspaper Headlines

Aug 21st, 2009 | By Bob Bauman | Category: Politics & Economics

The final word is out. UBS is handing over information on roughly 5,000 accounts and the IRS will back off its fishing expeditions on the remaining ~42,000 accounts.

Frankly, I’ve written so much about the UBS mess over the last year that I am sick of it…and I’m sick of the greedy, crooked UBS bankers and staff that stupidly thought they could use Swiss bank secrecy laws to cover their illegal tax evasion advice, while running up fat fees for themselves and billions in deposits for UBS.

This thoughtless criminal activity not only added to the instability of UBS – already $50 billion in the hole because of bad investments exposed by the global recession – but their conduct needlessly called into question the admirable privacy policies and bank secrecy laws of the Swiss government.

Asking for it

UBS tarnished not only its own reputation, but also that of a major nation and its people.

But worst of all, what UBS did allowed the tax bullies at the IRS to:

1) smear thousands of honest Americans who bank offshore;
2) attempt to scare away thousands more who could benefit by doing so;
3) pretend to extend U.S. tax law jurisdiction to the entire world;
4) use blatant economic blackmail against not only an errant bank, but against a friendly country that has long been a faithful ally and against its 7.6 million people.

The agreement lifts the threat of U.S. criminal prosecution against UBS, the world’s number two wealth manager by assets.

The IRS was not only willing to risk endangering the bank’s existence, but it could have dealt a major blow to the Swiss and U.S. economies. (UBS has 20,000 American employees).

The Anti-Offshore PR Campaign Rages On

You can expect that the left wing, anti-tax haven crowd will play this as the death, not only of Swiss bank secrecy, but the beginning of the end for all offshore financial centers.

Don’t they Wish!

IRS Commissioner Doug Shulman (left) crowed, “It’s a real sense that the world of bank secrecy is eroding.” According to The Times, “The agreement is likely to unnerve American customers of UBS who do not know if their names will be divulged, and could deter others from opening Swiss accounts in the future.”

On that second point, we hope not. There are still plenty of opportunities to open an offshore account with a sound financial institution…which is – sadly – is not necessarily the case in the United States.

And on the first point, I can speak for the whole of the Sovereign Society when I say that we don’t really care if illegal tax evaders are nervous. They should be.

But we certainly hope that honest, tax paying Americans (and others) who desire real financial privacy, true asset protection and expert investment advice will realize the fact that they still have the right to employ Swiss banks, investment advisors, insurance and annuity specialists – and not be scared away from the very real benefits offered by the world’s leading offshore financial center.

Swiss Banks Still Available

Whether all this will change the Swiss banking industry’s culture of secrecy based on law is doubtful in my opinion. But the IRS has made clear that their pursuit of tax evaders will not stop at UBS.

Some smaller, centuries-old private Swiss banks, however, are stepping up their efforts to attract American money, given the importance of foreign clients to the nation’s financial institutions.

Understand that the Sovereign Society does not condone tax evasion in any form, a point we have made repeatedly in our publications throughout our entire existence.

Of course there is a simple way for you to avoid personal tax troubles – file the proper IRS reports on time and pay your taxes when they’re due, as we have often explained.

We Are Prepared

To tell the truth, we at the Sovereign Society saw this coming a long time ago…

We meet regularly with Swiss and other offshore bankers, and we have agreements with reputable Swiss banks willing to accept new accounts from those who identify themselves as Sovereign Society members.

These arrangements are in full compliance with IRS and SEC rules and other U.S. laws. U.S. clients must sign an IRS Form W-9 that allows an offshore bank to report required information to the IRS.

As it has been since our founding 11 years ago, our staff is available to assist in opening a Swiss or other offshore account. Take advantage of these special Swiss banking arrangements and the advice of our Swiss advisors by visiting our member’s only website today.

We at the Sovereign Society believe that personal and financial privacy is an inherent human right, a requirement for maintaining the human condition with dignity and respect.

In all this ruckus about UBS and the IRS, the basic issues are preservation of our personal freedom and liberty versus complete government control of our lives and our fortunes.

Yours Truly,

Bob Bauman


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By Bob Bauman

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About the Author

Bob BaumanBob E. Bauman is a former member of the U.S. House of Representatives from Maryland and the author of several books on offshore financial topics. Mr. Bauman serves as legal counsel to The Sovereign Society, an international group of citizens concerned with government encroachment on financial freedom.

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The Offshore A-Letter specializes is an elite global investment opportunities, asset protection strategies, tax management solutions, second citizenship and residency programs and offshore structures.

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  1. Re: The Truth About UBS vs. IRS that You Won’t Find in the Newspaper Headlines

    IRC- The law is special law not positive law. According to one Cynthia J. Mills disclosure officer Dept of Treas. IRS, incomes not effectively connected to a trade or business within the US government are not subject to any tax under subtitle A of the IRC.

    See http://sedm.org/Exhibits/EX09.023.pdf

    See losthorizons.com and read Pete Hendricksons book “Cracking the Code: The facinating truth about taxation in America”

    See http://www.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00006049—-000-.html

    Be sure to substitute the definition of the term person (provided in 6049 d) for the term person everywhere it is used in this section. Apply the principle of law construction supplied in Blacks law dictionary 6th edition: inclusio unius est exclusio alteras (inclusion of one is the absolute exlusion of all others). There is no mention of private sector in section 6049. Therefore private sector interest/dividend payments made that are not connected with government or international units etc are not required to be reported as taxable. 1099int returns are prima facie evidence, therefore, they are rebuttable (as are w-2s and 1099 misc). See definitions of the term “employee” and the term “trade or business” supplied in the IRC. Sections 3401(c) and 7701(a)26 respectively. Be sure to apply Blacks law contruction principle.

    Is the reason this information is not disclosed to the American people because the misunderstood and mis- applied laws are providing a gravy train that has allowed government to grow to the size it is? Is this not lying through ommission? Let us commit to telling the truth, the whole truth and nothing but the truth.

    Every politician I have heard say that government is too big does nothing to shrink it.

    The oath of office seems to be ignored by the polititions, except in cases like Ron Paul. He now has about 290 co-sponsors to audit the Federal Reserve. People are waking up because his predictions are coming true. Fewer people are laughing at him as they did in the primaries.

    Look at the 9/12 project in DC. 2 million people?

    Seek the truth and follow it no matter where it leads. If not, decisions are made with deception as their foundation and we end up asking the question-”What went wrong”. Is this not the situation America currently is in?

    As a US military veteran, I took the oath to defend and protect our constitution from all enemies foreign and domestic. I have not denounced that oath. Do our polititions mean their oath of office or do they take it just to get their pictures in the paper? Is our government one of, for and by the people or of, for and by the institutions?

    Those that claim our constitution (which is a contract between the people and their government) is a living document, (including the first ten amendments), and are willing to shred it are shredding the very document that authorizes our government and governments limitations. Therefore, they are optting for anarchy. This would not be good for the American people or anyone else as history has demonstrated.

  2. Interesting…

    “4) use blatant economic blackmail against not only an errant bank, but against a friendly country that has long been a faithful ally and against its 7.6 million people.”

    But the above statement should be dropped, depending on the definition of “has long been faithful”. The Swiss Banking Industry’s primary drive is profits at any cost, including claiming neutrality during WWII while supporting, covertly and primarily, the Nazis (including turning over American Servicemen to the SS escaping to Switzerland) who were filling their coffers with stolen assets from everywhere they conquered and then hiding those assets within the system through bureaucratic mazes for as long as humanly possible.

    They have long been faithful to money and profits, period, and until we were the largest supplier of both, they couldn’t care less about us.

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