Current Tax Developments

Welcome to our collection of primary sources providing information and analysis regarding United States offshore legislation, specifically the newly announced Internal Revenue Service (“IRS”) program concerning voluntary disclosure of Unreported Offshore Accounts and Entities and the Stop Tax Haven Abuse Act (“STHAA”) and other related legislation.

Below you will find a compilation of proposed legislation, hearings, and other items of interest related to these issues.   Links to these various items are below.  We will continue to monitor these issues and update the webpage regularly. 

 

 White House-International Tax Reform Proposals

 
IRS Voluntary Disclosure Program

On March 23, 2009 the IRS released memoranda setting forth a penalty framework to be applied to voluntary disclosure requests containing offshore issues. The terms of the settlement initiative are applicable to taxpayers who make voluntary disclosure requests. 

 
 OECD Developments
 
 
G-20 Developments
 
 

 

Updates

 

September 21, 2009 - IRS Extends Deadline for Disclosing Hidden Offshore Accounts

August 31, 2009 - Swiss Government announces that the United States has requested administrative assistance in the UBS case

August 19, 2009 - IRS to Receive Unprecedented Amount of Information in UBS Agreement

August 19, 2009 - US-Swiss Government Agreement - Agreement between the United States of America and the Swiss Confederation on the request for information regarding UBS AG

August 19, 2009 - Declarations - Declarations between the United States of America and the Swiss Confederation

August 19, 2009 - Bank Agreement - Settlement Agreement between the United States of America and UBS AG

August 19, 2009 - UBS Announces Settlement Agreement Relating to the John Doe Summons

August 19, 2009 - Department of Justice Announces Terms of Agreement with Swiss Government Regarding UBS

August 12, 2009 - UBS Announces Agreement to Resolve the John Doe Summons

August 7, 2009 – IRS Notice 2009-62 - IRS Extends Filing Date for U.S. Persons Having Signature Authority Over, But No Financial Interest In, a Foreign Financial Account, and for U.S. Persons with Financial Interest In, or Signature Authority Over, Foreign Commingled Funds

July 12, 2009 - United States, UBS and Switzerland Request Stay in Court Proceedings

July 1, 2009 - FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR)

June 23, 2009 - Justice Departments Statement Regarding Recent Story Concerning Government’s Litigation Involving UBS

June 23, 2009 -IRS Designates Foreign Withholding as a Tier I Issue

June 19, 2009 - United States, Switzerland Agree to Increased Tax Information Exchange

June 5, 2009 – GAO – Report to the Committee on Finance, U.S. Senate - Tax Administration: IRS Should Evaluate Penalties and Develop a Plan to Focus Its Efforts

 
 
 
 
 
Proposed Legislation
Foreign Account Tax Compliance Act of 2009

 

On March 2, 2009, Senator Carl Levin (D-MI) introduced the updated version of the STHAA.  For more information click here.

 
On March 11, 2009, Senator Carl Levin (D-MI) introduced the Incorporation Transparency and Law Enforcement Assistance Act to help law enforcement stop the misuse of U.S. corporations. For more information click here.
On March 12, 2009, Senator Max Baucus (D-MT), chairman of the Senate Finance Committee released a separate, draft bill (the “Baucus Bill”) for circulation.  For more information click here.
 
 
 
 Congressional Hearings
There have been a number of hearings related to offshore legislation.  For more information click here.