Financial institutions around the world are bracing for new U.S.
tax regulations that are
prompting some foreign banks to ditch their customers
and their American counterparts to worry that they could lose crucial deposits.
The rules--one
of which is being phased in, while the other hasn't been finalized--are aimed at reducing
tax evasion by making banks report
more details about income earned by customers who keep deposits in countries other than their own.
Overseas, some
banks have alerted customers that accounts will be closed at the end of the year.
U.S. banks,
meanwhile, are trying to quash a proposed regulation that would require them to report interest
income earned by non-U.S. residents
to the Internal Revenue Service, which could then pass the information to their home countries.
Banks in Florida, Texas and California
are fighting the effort, saying that it could drain the coffers of banks that rely heavily on
foreign deposits.
Together, the
regulatory changes could affect hundreds of billions of dollars worth of deposits in accounts
across the globe. While it isn't known
what customers will do with the affected funds, some could shift their money to countries that have
looser rules on reporting income earned
on deposits.
"The
policy objective is to have transparency so that governments can work together to avoid offshore tax
evasion," says Manal Corwin, deputy
assistant secretary for international tax affairs at the U.S. Treasury Department.
The new rules
are already affecting U.S. residents who keep accounts in overseas banks, which will soon
face stricter rules on reporting income
earned by those customers. The regulations will be phased in gradually over the next several years,
but certain requirements take effect
in 2013.
The rules are
part of the Foreign Account Tax Compliance Act of 2010, which applies to individuals and
financial institutions as part of an effort
to rein in offshore tax evasion.
Some banks are
cutting off their customers.
Munich-based
HypoVereinsbank, a subsidiary of Italy's Unicredit SpA, has sent letters to between about
1,000 and 2,000 clients, advising them
that at the end of the year, it will terminate securities services for customers who live in the
U.S., as well as for U.S. nationals
who live abroad. In the letter, the bank blamed increasing U.S. regulatory pressure, including
"heightened reporting and supervisory
obligations."
"The
effort just got too huge," a bank spokeswoman said.
Unicredit and
its other subsidiaries haven't done the same, said a person familiar with the matter.
Bank Leumi in
Switzerland sent a similar letter to securities customers last month, saying the law
"requires substantial changes in the
reporting regime for banks with respect to accounts held by U.S. customers." A spokeswoman for the
Israel-based bank declined to comment,
saying, "As a matter of bank policy, we do not comment on questions about our clients,
individually or in the aggregate."
This summer,
Deutsche Bank AG cut off all service to U.S. citizens with securities accounts after a
growing number of regulations made the
business a hassle, according to a person familiar with the matter who said the move affected a
"small number" of clients.
In the U.S.,
banks are fighting a proposed rule from the IRS that would require them to report interest
paid to noncitizens living in the
country. No final rule has been issued, but banks say they worry that it could drive deposits away from
U.S. institutions.
"This is
just a bad, bad idea," says Alex Sanchez, president and chief executive of the Florida Bankers
Association. He estimates that Florida
banks hold about $80 billion of deposits from non-U.S. residents, representing about 20% of
the state's deposits. An IRS spokesman
declined to comment.
Across the
U.S., banks held roughly $2 trillion in deposits from foreign companies and individuals as
of June 30, according to the Treasury
Department. The agency doesn't provide figures on individuals' aggregate holdings.
Bankers in
Florida, Texas and California say that the proposed rule could be devastating for institutions
that rely on those deposits. They
also contend that many customers keep their money stashed in the U.S. because they are afraid to
disclose financial information to their
home countries, particularly in Latin America.
"This is
not the time to be looking at these types of proposed rules because it would have negative impact
on many financial institutions," says
Gerry Schwebel, executive vice president at International Bancshares Corp. in Laredo, Texas.
Roughly one-third of the bank's $7.8
billion of deposits would be affected by the rule.
Ms. Corwin of
the Treasury Department says that the proposed rule doesn't represent a significant shift
because the IRS already has the authority
to request the information from banks. If the change goes ahead, banks would have to
automatically provide the information to the
IRS, which could then share it with countries that have tax treaties with the U.S. In Latin
America, only Panama, Venezuela and Mexico
have such agreements.
"It's a
little bit hard for the U.S., which has been at the forefront of the transparency battle, to have
this kind of resistance to these regulations,
which should not be a problem for people who are properly reporting their tax information,"
Ms. Corwin said.
Matthias Rieker
and Laura Saunders contributed to this article.
Credit: By Robin Sidel and Laura Stevens