What FATCA Did to American Bank Customers in Switzerland

Swiss flags (Photo: keepps/Flickr)

Katherine moved to Switzerland from Ohio in 2008 to be an Au Pair. The US was in the middle of its financial crisis and she figured “why not?” First order of business in Zurich was to get a bank account.

“I had gone to I think it was UBS the first time, and they had said that they didn’t offer any bank accounts to Americans who had less than $250,000,” she said. “My boyfriend, at the time, and I just laughed at that, like, ‘she has to have a bank account. She’s going to be living here.’”

Katherine was ultimately granted a young person’s account at UBS. Now, years later, the graphic designer and her husband are having account troubles again, trying to get a mortgage.

“We got so far along in the mortgage process that people were telling us it was a good time to buy, and then it was only literally right before we were going to sign the contract that we were finding out, ‘Wait a minute, she’s American, this is a red flag, this is a problem.’”

David Kuenzi, founding partner at Thun Financial Advisors, a Madison, Wisconsin firm that helps Americans abroad, said he had heard similar stories.

“I’ve heard stories where, the client withdrawing money or doing a transfer was told, ‘Oh, your movement of money prompted us to do a review of your account and we realize you’re an American, and we want you to leave.’”

Kuenzi said the Swiss banks are reacting to US investigators trying to catch the rich in what is often vilified as a tax haven. But they are also reacting to US legislation called FATCA, or the Foreign Account Tax Compliance Act. It will begin next year and requires foreign banks to automatically send the IRS information on American clients, presumably to find tax evaders easily.

“To use the weight of your financial and political power to enforce, in an extraterritorial way, that banks around the world act as tax agents for the US government is preposterous,” Kuenzi said.

Manuel Ammann, Director of the Swiss Institute of Banking and Finance, said besides the possible legal problems, FATCA costs Swiss banks money, making most banks, with the exception of a few large or specialized ones, dump American clients.

“Banks have become increasingly aware of the fact that having US clients often means to be in non-compliance with US regulations, and banks are becoming increasingly risk averse in that sense,” he said.

The Swiss Bank, as thought of in American mythology, as a place to stash large sums, probably won’t change all that much for the super-rich in the short term. Most of the assets now affected are relatively small savings or investment accounts and mortgages.

But Ammann said with more and more regulation, cross-border business will be increasingly tricky for banks to handle. And he said the entire banking industry is taking a hard look at the good and bad of its future.

“Swiss banks still have a number of advantages to them, like the innovation capacity at the service level,” Ammann said. “So from a competitive point of view I am not pessimistic with respect to Swiss banking in general, but regulatory framework becomes increasingly difficult. ”

And that means no one – not regulators, bank officials, or clients – knows exactly what Swiss banking will look like when the dust finally settles.

Discussion

7 comments for “What FATCA Did to American Bank Customers in Switzerland”

  • http://twitter.com/FATCA_Fallout Marvin Van Horn

    First of all, thank you for covering this story.  At long last!  You are, I think, the only one of US radio media that has given this story any coverage at all.

    BTW it is  FATCA, not FACTA, as shown in your headline. :) You might want to correct that.
    It stands for Foreign Account Tax Compliance Act. This is one of the most important regulatory stories in a long time that has been totally overlooked by most of the US media.  It comes with a lot of systemic risk if the world becomes divided between compliant and non compliant financial institutions, and it is not certain that all will comply in this extraordinary over reach by Congress.FATCA was passed inside the 2010 Hire Act.  Ostensibly it was to hunt down and stop Homeland Tax evasion. It was passed on the back of the UBS DOJ prosecution.  However, they did not limit it to US residents.  They passed it for all US persons world wide and due to the unique nature of US Citizenship taxation it is having many negative unintended consequences.  By putting the requirement on all Foreign Financial organizations in the world to hunt down and report to the IRS on all US persons living anywhere in the world it is turning the US banking customer into a pariah.   Some institutions rather than be subject to the serious penalties resulting from non compliance are just getting rid of US customers and/or divesting themselves of US investments.  I don’t think that was the intention of Congress, but as we know the road to hell is paved with good intentions.FATCA is very very complex and expensive for foreign financial institutions to comply with and, in my opinion, a stepping stone for a bigger agenda to have a global tax data exchange program world wide.  There is also a Domestic equivalent of this which I like to call DATCA that is being forced on US banks to report all non resident depositors in the US to the IRS so they can exchange information with other governments to get them to go along with this intrusion into their sovereignty.  You can read more about it here…  http://bit.ly/Ngoss8There was a recent debate in Switzerland between Dick Harvey, one of the academics creators behind this monster, and Jackie Bugnion of American Citizens Abroad.  You might be interested in some of the comments and observations from that debate here:  http://bit.ly/LbvUklThen finally, the entire subject of US Citizenship taxation and impacts on  Canadian dual citizens was just carried by a CBC interview on Canada Day, yesterday.  Here is the link to that story.  http://bit.ly/LN92WY   Bottom line, the last 3 years of an IRS jihad on offshore tax evasion, is creating a lot of collateral damage. Not the least of these is a BIG increase of renunciations or relinquishing of US citizenship.  That is exactly the opposite of what our nation should want, as the more US citizens there are abroad, the more salesman and ambassadors there are for US exports and jobs back home.  However, we are going just the opposite direction.  Sad really.  Maybe this testimony by Roger Conklin to the House Ways and Means Committee would open some eyes..  http://1.usa.gov/xyIbEkThanks again for your coverage.  This is a much bigger story, but you have made a start, and this is good. 

  • http://twitter.com/FATCA_Fallout Marvin Van Horn

    First of all, thank you for covering this story.  At long last!  You are, I think, the only one of US radio media that has given this story any coverage at all.

    BTW it is  FATCA, not FACTA, as shown in your headline. :) You might want to correct that.
    It stands for Foreign Account Tax Compliance Act. This is one of the most important regulatory stories in a long time that has been totally overlooked by most of the US media.  It comes with a lot of systemic risk if the world becomes divided between compliant and non compliant financial institutions, and it is not certain that all will comply in this extraordinary over reach by Congress.FATCA was passed inside the 2010 Hire Act.  Ostensibly it was to hunt down and stop Homeland Tax evasion. It was passed on the back of the UBS DOJ prosecution.  However, they did not limit it to US residents.  They passed it for all US persons world wide and due to the unique nature of US Citizenship taxation it is having many negative unintended consequences.  By putting the requirement on all Foreign Financial organizations in the world to hunt down and report to the IRS on all US persons living anywhere in the world it is turning the US banking customer into a pariah.   Some institutions rather than be subject to the serious penalties resulting from non compliance are just getting rid of US customers and/or divesting themselves of US investments.  I don’t think that was the intention of Congress, but as we know the road to hell is paved with good intentions.FATCA is very very complex and expensive for foreign financial institutions to comply with and, in my opinion, a stepping stone for a bigger agenda to have a global tax data exchange program world wide.  There is also a Domestic equivalent of this which I like to call DATCA that is being forced on US banks to report all non resident depositors in the US to the IRS so they can exchange information with other governments to get them to go along with this intrusion into their sovereignty.  You can read more about it here…  http://bit.ly/Ngoss8There was a recent debate in Switzerland between Dick Harvey, one of the academics creators behind this monster, and Jackie Bugnion of American Citizens Abroad.  You might be interested in some of the comments and observations from that debate here:  http://bit.ly/LbvUklThen finally, the entire subject of US Citizenship taxation and impacts on  Canadian dual citizens was just carried by a CBC interview on Canada Day, yesterday.  Here is the link to that story.  http://bit.ly/LN92WY   Bottom line, the last 3 years of an IRS jihad on offshore tax evasion, is creating a lot of collateral damage. Not the least of these is a BIG increase of renunciations or relinquishing of US citizenship.  That is exactly the opposite of what our nation should want, as the more US citizens there are abroad, the more salesman and ambassadors there are for US exports and jobs back home.  However, we are going just the opposite direction.  Sad really.  Maybe this testimony by Roger Conklin to the House Ways and Means Committee would open some eyes..  http://1.usa.gov/xyIbEkThanks again for your coverage.  This is a much bigger story, but you have made a start, and this is good. 

  • LongShortman

    Thank you for this story on the difficulties that ordinary Americans, living and work in Switzerland, are having maintaining bank accounts here due to the overreaching US FATCA legislation. My rental deposit account was recently closed by a bank and my primary bank has informally advised that I need to find another home for my current and savings accounts.

    As a result of FATCA, in June I decided that it was time to relinquish my “toxic” US citizenship. As the US Embassy in Bern is apparently overrun with appointment requests to give up US citizenship, it will be 2013 before the “swearing out” ceremony can occur.

    What is surprising is that the US Ambassador to Switzerland, Donald Beyer, has not issued a public statement to Americans here at least regretting the difficulties that the US government has caused. Possibly he was a better fundraiser than an ambassador. 
     

  • zuludogm

    Finally, a major press outlet in the US is giving this coverage.  The Canadian and British press have been giving this issue regular coverage for the last two years, but very few articles or reports have come out of the US.

    We have friends who have lost their accounts and there are no reasonable alternatives. The implications of losing access to banking services are very serious.  Even the Post Office is not refusing clients with ties to the US (a citizen, green card holder or a person married to either of the other two).  In the story above, Katherine cannot get a mortgage.  That’s a serious enough problem.  Mine is worse.  I have a mortgage and that’s a bigger problem.

    Swiss mortgages (and many other countries) are not like US mortgages.  First, the principle is paid in fixed quarterly payments regardless of the interest rate. i.e. each year, we pay about 2% of the principle in a separate payment. Second, because the principle is decoupled from the interest, the mortgage is broken into pieces and no one piece can run more than 10 years. So, most people like me have a part of their mortgage loan coming due every two or three years.  This lets both the bank and the client reduce interest rate risk and loan risk.

    When a piece comes due, you go get a new loan to replace the expiring loan.  At that moment, the bank can refuse you.  Normally, this could happen because the value of the property or your credit worthiness has declined.  In our case, it will be because we are US citizens.

    We are not sure what is going to happen, but there are already stories in the local press of Americans losing their mortgages and being forced to sell and vacate.

    Our next piece is due in 2014.  My wife was denied an account in June, so we are not living with illusions : ou options are drastic.  First, I must state categorically, that we cannot repatriate to the US.  That would be the most drastic option because of my wife’s health and our children’s lives.  So, the plan is for me to renounce my US citizenship since I can hold the mortgage and she cannot.  But this is not enough.  She and I have to divorce and she must have no access to my accounts nor have any interest in the home.

    In this way, we get to keep our home and our children can remain in the community where they grew up.  But we understand that it means that I will never be able to return to the US if Charles Schumer’s Ex-PATRIOT act passes.  I love my parents and miss them terribly.  I cannot believe that this could happen to us.

    We love Switzerland.  It is a free and truly democratic nation of free people and my pride to be Swiss is beyond measure.  But we often feel alone and stranded.  We feel victimized by the US. so on this 4th of July, there is nothing but resentment left in our hearts.  The thought of renouncing was unthinkable two years ago, but I have come to accept it with a hollow resolve.

    This is the path that thousands are now taking.  The Eduardo Saverin case has allowed US politicians to distract attention by accusing renunciants of being rich tax-dodgers, but this is not the case. We cannot go on, living under two a remote government.

  • Just_Me_Also

    First of all, thank you for covering this story.  At long last!  You are, I think, the only one of US radio media that has given this story any coverage at all.

    BTW for your web master.  It is  FATCA, not FACTA, as shown in your headline. :) You might want to correct that. It stands for Foreign Account Tax Compliance Act. 

    This is one of the most important regulatory stories in a long time that has been totally overlooked by most of the US media.  It comes with a lot of systemic risk if the world becomes divided between compliant and non compliant financial institutions, and it is not certain that all will comply in this extraordinary over reach by Congress.

    FATCA was passed inside the 2010 Hire Act.  Ostensibly it was to hunt down and stop Homeland Tax evasion. It was passed right after the flush of victory in cracking open Switzerland secrecy with the UBS DOJ prosecution.  However, they did not limit it to US residents.  They passed it for all US persons world wide and due to the unique nature of US Citizenship taxation it is having many negative unintended consequences. 
     
    By putting the requirement on all Foreign Financial organizations in the world to hunt down and report to the IRS on all US persons living anywhere in the world it is turning the US banking customer into a pariah.   Some institutions rather than be subject to the serious penalties resulting from non compliance are just getting rid of US customers and/or divesting themselves of US investments.  I don’t think that was the intention of Congress, but as we know the road to hell is paved with good intentions.

    FATCA is very very complex (regulations are 400 pages) and expensive for foreign financial institutions to comply with and, in my opinion, a stepping stone for a bigger agenda to have a global tax data exchange program world wide.  

    There is also a Domestic equivalent of this which I like to call DATCA that is being forced on US banks to report all non resident depositors in the US to the IRS so they can exchange information with other governments to get them to go along with this intrusion into their sovereignty.  You can read more about it by cutting and pasting this into your browser:  bit.ly/Ngoss8

    There was a recent debate in Switzerland between Dick Harvey, one of the academics creators behind this monster, and Jackie Bugnion of American Citizens Abroad.  You might be interested in some of the comments and observations from that debate here:  bit.ly/LbvUkl

    Then finally, the entire subject of US Citizenship taxation and impacts on  Canadian dual citizens was just carried by a CBC interview on Canada Day, yesterday.  Here is the link to that story.  bit.ly/LN92WY  
     
    Bottom line, the last 3 years of the IRS jihad on offshore tax evasion, is creating a lot of collateral damage. Not the least of these is a BIG increase of renunciations or relinquishing of US citizenship.  That is exactly the opposite of what our nation should want, as the more US citizens there are abroad, the more salesman and ambassadors there are for US exports and jobs back home.  However, we are going just the opposite direction.  Sad really.  Maybe this testimony by Roger Conklin to the House Ways and Means Committee would open some eyes..  1.usa.gov/xyIbEk

    Thanks again for your coverage.  There is a much bigger story to be told, but you have made a start, and this is good.

  • http://www.facebook.com/cindy.bennett.9889 Cindy Bennett

    Thanks for finally, finally publicizing this topic.

    German banks are kicking Americans out too, because FATCA is just too complicated for them. I saw the light over a year ago and gave up my US citizenship. 

    The United States doesn’t want it’s citizens to be able to live anywhere except inside the United States. Not a good way to promote exports.

  • http://www.facebook.com/people/Jefferson-Tomas/100003808006430 Jefferson Tomas

    This reminds me of the recent case of Amy Webster and family who are being shut out of their investments and real estate http://genevalunch.com/blog/2012/06/21/swiss-banks-step-up-efforts-to-identify-quarantine-or-avoid-us-citizens/  even though they are Swiss and live in Switzerland.

    Even Amy’s husband, who is Swiss and not American is being considered American.  Unbelievable and a clear violation of Swiss sovereignty.