Sunday, February 28, 2010

Cordray Alerts Ohioans to Instant Tax Return Schemes

(COLUMBUS, Ohio) With tax return season upon us, some tax preparation companies, payday lenders and even car dealers advertise tax refund products as "fast cash refunds" or "instant refunds." Ohio Attorney General Richard Cordray today warns that, unfortunately, the only "fast" things about many of these "refunds" are the fees that go with them, often turning what would have been extra cash into a high-interest loan.

Commonly referred to as refund anticipation loans or RALs, these products sound good but can be very costly. The loans are provided by companies based on a consumer's expected tax return. The companies then charge filing fees, tax preparation fees and interest that can eat up 25-percent of a consumer's tax refund. If the tax refund winds up smaller than anticipated, the consumer will have to pay the difference in addition to the fees.

"These operations are gouging Ohioans out of hard-earned money," said Cordray. "It is imperative that consumers protect themselves. Read the fine print and research alternative assistance options."

To avoid the scam, Cordray advises consumers to file their own tax returns electronically for free and have the refund directly deposited in a bank account. The average turnaround time is two weeks for refunds. He also reminds Ohioans that they may be eligible for the Earned Income Tax Credit (EITC) and can get free help in filing tax returns if they make approximately $49,000 and below.

Cordray asks Ohioans to report any unfair or deceptive practices by these operations that may include:

Advertising RALs but failing to clearly disclose that they are loans, not early refunds.

Failing to explain that when a consumer takes out a RAL, the IRS will send the tax refund to the RAL provider, not to the consumer.

In advertisements, failing to make clear that by taking out a RAL, the taxpayer is borrowing against the expected refund, not obtaining the refund itself.

Failing to inform consumers that RALs are interest-bearing loans and not a quicker way to receive their refunds from the IRS.

Charging fees as a percentage rather than as a flat rate.

Failing to advise consumers that they may be liable to the lender for additional payment, interest and other fees (as applicable through the RAL) if the refund is delayed or is smaller than anticipated.


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Monday, February 15, 2010

Swiss Banker Blows Whistle on Tax Evasion

From his home in the quiet village of Rorbas, outside Zurich, Rudolf M. Elmer is chipping away at the centuries-old traditions of Swiss banking secrecy.
Mr. Elmer, who ran the Caribbean operations of the Swiss bank Julius Baer for eight years until he was dismissed in 2002, moved to Mauritius in the Indian Ocean and began parceling out to global tax authorities what he said were the secrets of his former employer.

Now back in his native country, he continues to disclose the inner workings of Julius Baer — one of many Swiss institutions that investigators say help clients evade billions of dollars in taxes by routing money through offshore havens in the Caribbean and Switzerland.

“It is a global problem, and I am only the messenger who provides the bad news, or even better, the truth,” Mr. Elmer, 54, wrote in a recent e-mail message. “Offshore tax evasion is the biggest theft among societies and neighbor states in this world.”

He said that he would fly on Tuesday to Düsseldorf, Germany, where the tax authorities are putting him up in a five-star hotel as he prepares to divulge client secrets.

Mr. Elmer joins a group of whistle-blowers that includes Bradley Birkenfeld, the former UBS private banker who disclosed the bank’s secrets, pushing it toward a settlement with the United States government, and Heinrich Kieber, a former data clerk at the LGT Group, the Liechtenstein royal bank, who stole client data and funneled it to American and European authorities.

Mr. Elmer’s disclosures are attracting particular interest as the Internal Revenue Service and the Justice Department embark upon a strategy of “it takes a rogue to catch a thief” to encourage insiders who engaged in wrongdoing to reveal the secrets of their employers.

Lawyers and Congressional investigators who have begun to review Mr. Elmer’s claims say that his internal bank and client documents provide fresh ammunition for American authorities as they take their crackdown on offshore tax evasion beyond UBS to clients of other banks.

Mr. Elmer has given documents to the I.R.S., a Senate subcommittee investigating tax evasion and investigators for Robert M. Morgenthau, then the Manhattan district attorney, his lawyer Jack Blum said. They cover more than 100 trusts, dozens of companies and hedge funds and more than 1,300 individuals, from 1997 through 2002, Mr. Blum said.

Mr. Elmer contends that his documents detail the undisclosed role of American investment management companies in funneling American, European and South American clients who wished to avoid taxes to Julius Baer; the backdating of documents to establish trusts and foundations used to evade taxes; and the funneling of trades for hedge funds and private equity firms from high-tax jurisdictions through Baer entities in the Cayman Islands.

“What he has is the confirmation of something very important: that a number of other banks in the voluntary disclosure process are turning up,” Mr. Blum said, referring to 14,700 wealthy Americans, many of them UBS clients, who came forward to disclose their secret accounts last year. The I.R.S. declined to comment on Mr. Elmer’s case but said in a statement that it was “investigating other banks that have enabled Americans to evade taxes.”


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