I'm sorry, but if you have to rely
solely on a banking secret in order to make your sorry excuse for "tax planning" work, you know it is evasion and they knew it.
If a tax advisor is worth his salt he sure as hell will have seen to it that what he advises his client is legal, so yes, he has to know the laws in "every country in the world". That is why you have international tax specialists in the first place.
Virtually all tax legislation of almost all countries is available (ok Guam maybe not too up to date), especially for international tax advisors, so no excuse. Furthermore, standing (basic) principle in law: every citizen is deemed to know the law.
An experienced tax advisor will know when the client is leaving out crucial info. On top of that they have a duty to inquire (yes I know its theory and practice is different)
These guys were offering products that wouldn't past scrutiny and the only way they thought to get away with it was to rely on the banking secret. Crappy cowboy tax advisory if you ask me. And they got caught, no mercy.
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| Evade or Avoid? Did they know that it was an illegal act that they were advising? Is it a Swiss advisors responsibility to know all the laws in every other country in the world and all the permutations about them? Did the clients disclose all relevant information to the adviser first? Do the US government make all thier tax legisaltion clear and available to Swiss advisors?
Sorry, but I can't see it. If I while in Switzerland advised somebody in the UK to go and sit down in a pub and have a cigarette, would I be breaking the law? | |
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