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S&P Downgrades Swiss Lender Over US Tax Investigation

08 August 2013   (0 Comments)
Posted by: Author: James Shotter
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Author: James Shotter (FinancialTimes)

One of Switzerland’s cantonal banks caught up in a US probe into alleged tax evasion has been downgraded by the rating agency, Standard & Poor’s.

S&P said that it was cutting Basler Kantonalbank’s senior unsecured debt rating one notch to AA from AA+ because of the "elevated reputational and legal risk” surrounding the bank due to the long-running US investigation into the alleged role of at least 12 Swiss banks in helping rich Americans dodge taxes.

"If, when, and how much of a prosecution fine BKB might need to pay as legal compensation is uncertain,” S&P said. "As a precaution, we have factored into our assessments a material one-time legal cost for BKB, but believe that BKB’s earnings would offset such a cost.”

S&P also cited BKB’s involvement in a fraud case last year, for which it has made provisions worth SFr50m ($54m), in its decision to downgrade the Swiss lender.

A spokesman for BKB said that the bank noted S&P’s decision, and that it was working closely with US authorities to bring about a resolution of the tax investigation, adding that BKB’s capital position was "comfortable” and should allow it to cover a possible settlement.

So far the US has extracted fines from two Swiss banks, and one in Liechtenstein. In 2009, UBS, Switzerland’s largest bank, paid $780m to settle allegations that it had helped American citizens dodge taxes, while earlier this year Wegelin, Switzerland’s oldest private bank, was forced to close after admitting a similar charge. Last week Liechtensteinische Landesbank also settled with the US.

S&P said that the ratings of the other banks involved in the US probe were affirmed as of Tuesday.

Shares in BKB closed up 0.38 per cent at SFr79.60 in a rising market in Zürich.


Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.


The Act requires that a minimum academic and practical requirments be set to register with a controlling body. Click here for the minimum requirements of SAIT.

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