{"id":7502,"date":"2016-11-17T09:00:28","date_gmt":"2016-11-17T14:00:28","guid":{"rendered":"http:\/\/www.escapeartist.com\/?p=7502"},"modified":"2020-08-28T10:07:25","modified_gmt":"2020-08-28T14:07:25","slug":"offshore-banking-illegal","status":"publish","type":"post","link":"https:\/\/www.escapeartist.com\/blog\/offshore-banking-illegal\/","title":{"rendered":"Is Offshore Banking Illegal?"},"content":{"rendered":"
With all of the hype around offshore banking these days, many are wondering is offshore banking illegal. Just about every client calls with a statement like, \u201chey, I don\u2019t want to do anything illegal, but\u2026\u201d The possibility that offshore banking is illegal permeates the industry and the media. <\/span><\/p>\n The truth is simple: <\/span>offshore banking is not illegal<\/b>. <\/span><\/p>\n What is illegal is failing to report an offshore account to the tax authorities. So long as you file the proper paperwork with your tax return, you\u2019ll be in compliance and your offshore account will be \u201clegal.\u201d<\/span><\/p>\n I should point out that <\/span>this article on whether offshore banking is illegal is written from an American point of view<\/span>. We gringos can be hit with big fines and even jail time for failing to disclose an offshore account. Europe is following Uncle Sam\u2019s lead (through the OECD), but laws vary from country to country.<\/span><\/p>\n The mainstream media is filled with claims that offshore banking and international asset protection is illegal. But, they\u2019re both tried and true techniques\u2026 so long as you follow the rules and pay your taxes, all is well. <\/span><\/p>\n Paying taxes or not paying taxes is at the heart of this issue. People with unreported offshore accounts don\u2019t report because they don\u2019t want to pay tax on their income. Again, it\u2019s not the offshore bank account which is illegal, it\u2019s the failure to report that account (and pay) to the tax authorities. <\/span><\/p>\n And <\/span>it\u2019s the IRS who\u2019s pushed the idea that offshore banking is illegal<\/b>. The Service has turned failing to report and pay taxes into a criminal matter. Back in 2003, no one went to jail for offshore banking. Beginning in 2005 and Swiss bank accounts, the IRS went all in and started <\/span>putting its citizens away<\/span><\/a> for years for unreported accounts. <\/span><\/p>\n These prison sentences had little to do with the underlying crime. The IRS had figured out it could raise billions of dollars from abroad by making examples of a few unfortunates. They created to <\/span>Voluntary Disclosure Program<\/span><\/a> and started arresting anyone they could find with an unreported offshore account. <\/span><\/p>\n Overall, the <\/span>voluntary program<\/span> has resulted in more than 45,000 voluntary disclosures from individuals scared into compliance. The cash haul has been about $6.5 billion in back taxes, interest and penalties from 2009 through 2014. The program is still running, but the IRS hasn\u2019t released data any since 2014.<\/span><\/p>\n Portraying offshore banking as illegal has been very profitable for the U.S. Internal Revenue Service. As a result, Americans with offshore accounts have big time targets on their backs and must be cautious not to anger the beast. <\/span><\/p>\n\n