Today I confessed my sins to Uncle Sam

by Simon Black · View Comments

Today I confessed my sins to Uncle Sam.

No, I’m not talking about anything sinister. But in a mad dash through a US stopover today, I dropped US Treasury form TDF-90 in the mail:  “Report of Foreign Bank and Financial Accounts.”

It went something like this:

“Forgive me uncle for I have sinned. May last confession was April 15th. Here is all the information on my foreign bank accounts, including those for which I only have signature authority.  I am confessing this intensely private information despite the fact that I have no financial interest whatsoever in said account, and the account holder does not even fall under your jurisdiction. I understand that being party to financial accounts outside of the United States must be inherently evil, and I look forward to giving you more of my money next year.”

This form is required by the US government for all persons that have a financial interest or signature authority in any foreign financial account– banking, brokerage, etc.  In my case, I listed all the relevant information for a Panamanian bank account– I am very confident banking there as my research from this trip indicates strong liquidity levels and tight loan standards devoid of significant exposure to US agency debt. I am required to submit this form by June 30th.

confession

Our Uncle certainly has a way of keeping tabs on us: disclose or go to jail.  It’s an unfortunate no-brainer, and if you have similar accounts you need to do the same… the alternative is simply not worth the risk, though I understand that sometimes they allow conjugal visits at minimum-security federal prison camps.

I’m using particularly strong language today to illustrate a clear point: there are right ways to go offshore and wrong ways… and dodging legal obligations is like playing Russian Roulette. It really hurts one out six times.

Simply put, Uncle Sam wants our money… and I say ‘our’ because, chances are, if you’re reading this missive, you fall in the unfortunate category of people who are actually productive and whose tax dollars pay for everyone else’s stimulus. I’m convinced this tax burden is going to increase, and they are going after every penny to which they feel entitled (in their sole discretion of course).

Offshore structuring makes a lot of sense: there are much safer places for your assets than a dollar-based US bank account where your wealth can be inflated away, frozen, stolen, or sued.  And as I am sitting here in the business lounge at JFK Airport going through subscriber emails as fast as I can, I see many of the same questions.

Many of you are asking for specific contacts for banks, brokerages, lawyers, etc. I am working on the right framework to help you… but I need to be clear about something.

I have spent several years and tens of thousands of dollars traveling around the world and building up contacts. I know who is good because I do/have done business with them, and I know who is bad because I have been swindled by some of them and lost money. My trusted contacts are trusted for a reason, and I would be betraying that trust if I just published their contact information all over the internet.

Bear with me while I work on a few ways to share the right information with some of you.

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  • Giselle
    I'm sorry... I don't understand. Why did Simon have to fill this form out if he is an expat? No longer a US citizen?
  • Brad
    Also curious about opening a bank account and gold storage in Uruguay. Plan on moving to Brazil. My wife is Brazilian and we'd like to be closer to her family -- but hear Uruguay is better for banking for many reasons. Have looked into Uruguayan state banks, private banks and off-shore banks and S.A.I.F.E.'s in Uruguay. I have been receiving conflicting reports however about which one's are willing to open accounts for Americans. It would appear many do not want to fill out W9's for the IRS. More info and solid contacts in Uruguay banking and gold storage would be helpful.
  • Anthony
    Can somebody please explain why going offshore is so great, as long as the US Gov knows about it? Give up your citizenship and move on.
  • Mike
    I just did the same thing except my form is late because I forgot one of my accounts went over the limit even though I set it up at the end of December. I wrote a nice letter asking for leniency as I clearly wasn't hiding anything but I'll take my lumps if I get them.
  • Magnus
    I would like to know were the best place is to open a foreign bank account? I was told the DR (Dominican Republic) & Bahamas dont have an agreement with the US to share info? Is this correct? What is the process to open an account.
  • Magnus,
    If you're a US citizen and thinking about opening and not reporting a foreign bank account to the IRS, you're making a big mistake. Any financial strategy that relies on secrecy is doomed to fail. Just ask the 50,000 UBS account holders who had 'secret' Swiss accounts.

    There are plenty of ways to protect yourself and your assets without having to rely on secrecy.
  • Kyle
    FYI since you mentioned you use Skype. From a Privacy World email:

    Wiretapping Skype calls: virus eavesdrops on VoIP

    Some computer viruses have a crude but scary ability to spy on people
    by logging every keystroke they type. Now hackers and potentially law
    enforcement have another weapon: a virus that can eavesdrop on voice
    conversations that go over computers instead of a regular phone line.

    The capability has been shown in a new "Trojan horse" virus that
    records Voice over Internet Protocol (VoIP) calls through the popular
    Skype service. Skype calls are free or low cost and can work between
    two computers or between one computer and a phone. There were 480
    million Skype users worldwide at the end of June, but it's unlikely
    many would be hit by the new virus.

    It's better suited for targeted espionage rather than mass infections
    because criminals would have to sift through an unfathomable amount
    of audio recordings generated by the virus.

    Law enforcement in the U.S. would presumably need a court
    order to surveil someone's Skype calls, but the barriers to deploying
    the virus might be lower for intelligence agencies and authorities in
    other countries.

    The virus, which security firm Symantec Corp. calls the first
    "wiretap Trojan," doesn't target a particular vulnerability
    in Skype. Instead, it hooks into parts of the Windows operating
    system that handle audio processing. Then it intercepts all audio
    data coming from Skype before it's encrypted by the software,
    according to Symantec's analysis. The audio gets saved as MP3 files
    and can be sent to computers controlled by the criminals.

    "It's more interesting than dangerous," said Kevin Haley, director
    of Symantec Security Response. "It's an espionage tool. That's its clear
    purpose. It's not practical for any type of broad-based attacks."

    The virus was designed and released by Ruben Unteregger, a Swiss
    programmer who said he started researching on his own before turning
    it into a project for his employer, ERA IT Solutions. In 2006 the
    software company was reported by the Swiss newspaper SonntagsZeitung
    to have been working on a VoIP-cracking virus for the Swiss government,
    an account Unteregger said he couldn't confirm because of a nondisclosure
    agreement he signed for the project.

    ERA IT Solutions says it never had an order from a government agency to
    develop the program, and that it stopped working on it when Unteregger
    left the company last year.

    "This is Ruben's affair only," said company representative Riccardo Gubser.
    Unteregger said in an e-mail interview with the AP that his goal in releasing
    the virus' programming code was to make people aware that
    "we are now becoming a surveillance society" and that "police Trojans are
    reality and questionable."

    The above article first appeared in AP Technology.

    Until our next issue, stay cool and remain low profile!

    Privacy World

    PS - With banking secrecy for Americans and others in decline, it
    could behoove you to obtain a Singapore company and Singapore
    bank account.

    Singapore is not a part of the EU directive and there are no
    reporting requirements. Email for modalities simply by placing
    "Singapore" in the subject heading.
  • Mike
    PS: Switzerland is not part of the EU and that didn't help.
  • I would like the names of a trusted attorney and banker in Panama with which to set up a Captive Insurance company, purchase real estate and setup bank accounts for my business and personal interests. I have a good attorney in the US, but would like to deveop a relationship with a local attorney whose practice is well established in Panama and who can help us with real estate purchases and with the establishment of an insurance business. Thanks for your help.

    Larry
  • Tina
    I am interested in ALL the answers to questions about Panama.
    Thank you so much....
  • Dave
    Simon,
    I share many of the needs for information about Panama that others have articulated. My wife and I need to find the right bank. We have had a brokerage account with Thales for several years and would appreciate hearing your take on them. They have been extremely helpful and I appreciate the global flexibility of their trading platform. We also have a Panama-based bullion account with Anglo-Far East, which David Morgan has recently (and strongly) endorsed. We would appreciate any suggestions or comments. And, thanks for being there (wherever you are)!
  • Mary
    Simon:
    I would also like to have the answers to every question asked by my fellow subscribers.
    XXX of YYY Asset Management in Toronto suggested it is
    not a good idea to have money in Canadian banks.
    Truly my biggest and most frustrating challenge is wishing for a way to get my RRSP (canadian version of the 401K) out of Canada without paying most of it away in taxes. I am wondering if there is a way to use the RRSP to buy land outside Canada.
    Thankyou for your help.
  • eliya
    Simon, have you had banking dealings with Israeli banks? If so, what have been your experiences re: confidentiality, security of investments, the usual.
    Israel and the US have bilateral banking agreements as far as I understand. Does this mean that the US is privy to my banking information in Israel?
    I would appreciate any comments you have on living in Israel as an alternative to the US, if you have any.
    Thanks, and good luck with this new publication.
    Eliya
  • Dave Hunt
    Sign me up! Charge me money if you need to! But, please tell me where to set up a foreign bank account and tell me which ones I should have. Do I need just a checking account? What about credit cards? What about a brokerage account? What do I need? I am not rich, but I still want to know how to protect what I have and how to escape if I need to.
  • bill huggins
    Simon,
    Is it possible to simply buy gold in a foreign country with cash ($10k limit going out) or even American Express (no limit here), store it in Brinks or a similar secure storage (like Das Vault in Vienna) and avoid taking it from the US through the hassle of customs?
  • dk
    Hello, I am interested in contacts for IBC formation, Bank references, A reliable trust officer, alt passport and residency, and RE agents in Panama and Uruguay. thanks for the help.
  • John F
    I'm planning to move to S.America in a couple of months. Looking for a safe bank and investment facilities (brokerage) outside the U.S. and not denominated in the USD. Thanks for all you information.
    John
  • Ames W. Martin
    Simon,
    I'm interested in finding trustworthy real estate brokers overseas, and trustworthy accountants at home who know expat tax laws. I work in the oil field for a large international service. These are always topics among my friends and I. Thank you for your column. We all look forward to reading it every day.
    Thanks.
  • John McChristy
    I am heading to Uruguay in August to buy some real estate and set up a banking relationship. I could use help with realtors, a good bank and attorney. Thanks
  • Sir, are you still interested in the possibility of a gold storage facility in Uruguay?

    I am hoping to do a scouting expedition around December to South America looking for arable land. I will be looking for friends and potential business partners on site (have a few contacts in Paraguay). Don't think I want to live in Brazil but it wouldn't be a bad idea to live close to the country's significant food and fuel resources. Will try to visit several countries in the vicinity.

    At this point, the only mildly interesting investment opportunities in USA are discounted residential rental properties, but bargains are surprisingly sparse because something like 75% of the unsold inventory is being kept off the market, and a lot of the glut of properties are impractically far from centers of employment. Taxes are soaring.
  • Frederick
    I am looking to do some meaninful work in and out of panama. Is there any work relate business that has strong ties to your organization? Iam flexible ready to continue your line of thinking as an associate under your direction to fostering what ever needs to be done to keep the ball rolling in a positive direction. I have two passports Panama and US a military ID card. I graduated Balboa High School 1963 etc.
    Frederick
  • Dominick
    Simon-Here is my question. Is there any place in the world where I can own property outright, and pay no taxes linked to the property? In other words, is there any place we can be free of government control over our property? I know of no such place.-Dominick
  • Panman
    I am interested in buying gold bullion here in Panama. I would also like to build business contacts in Panama.
  • Tom
    Dear Simon:

    I have some business interests in Nicaragua and regularly visit. Do you know if there are any Panamanian banks that have a branch in Managua? What are your thoughts on Nicaraguan real estate? Thanks for your informative, politically incorrect and entertaining info.

    Tom
  • William
    We all need to know how to store gold bullion oversees at a reasonable price (< $500 per year) . Fedgov will stop at nothing. Hide your precious metals.
  • Cougar
    Boots on the ground, realistic info on optional places to live in order to survive and maybe even thrive during the economic carnage that lies ahead.
  • Francesco
    I am interested to open a very safe brokerage account outside of Switzerland, with a safety level comparable to that of a Swiss Kantonal Bank. I am mainly interested in Canadian stocks and it should be possible to have the account in Canadian dollars. Also important is a good platform for on-line trading. Regarding safety, the names that comes to my mind are Dubai and Singapore. Panama is more problematic for personal reasons. Anyway a main point is choosing the right institution.

    Also a curiosity... You claim you have multiple passports and spend your life traveling. So why do you keep your US citizenship in the present situation? Well, I never lived in USA so this may be the reason why I'm asking. Just wondering.
  • Doug
    Hi Simon. I really enjoy your daily (and monthly) messages. While I am currently living vicariously through your travels, I will likely be in a position to invest in one or more of these locales in a year or two.

    Would it be possible for you to link to a list of reputable businesses in these various countries, particularly those who have Web sites that can be linked and are looking for business. Of course, I do not want you to disclose a personal business relationship that could compromise your own business, it's just that I see several web-accessible realtors in Panama and know nothing of any of them. If there were one or two firms per country that seemed reputable, it would be great if you could link to them. Obviously, we should do our own due diligence, but it is nice to at least narrow down the list.

    Thanks for your efforts on our behalf and keep up the good work (and entertainingly interesting accounts of your travels).
    Doug
  • HR Johnston
    Going to a wedding in Panama in August. Desire to establish some assets outside US. No desire to run afoul of US authorities or compromise anyone in Panama. Need advise and action plan to do this while on the wedding visit.
  • Teri Parks
    Simon,
    If I have a safe deposit box full of gold and silver coins outside the U.S. should I be filling out the TD F 90-22.1?
    Teri
  • Robert Hays
    I've been to Panama three times and made offers on two houses (both deals fell through). I'm going again in a few months. What I want to know is reliable contacts for legal and financial assistance, such as bank and broker accounts, Pensionado visa application, real estate purchase, and financial structures such as incorporation and perhaps using a Panamanian personal foundation or trust to simplify probate and minimize death taxes.
  • Joel de Angelis
    Simon, Having been warned not to open a foreign bank account with a bank that has a branch here in the US. Most private banks have extraordinarily high amounts they require to open an account. Two questions: how do I find a solid bank in Switzerland, Panama or Vienna (as examples) from here (the US) that doesn't have a US [correspondent?] bank, and what kind of documentation will I be required to present to open an initial account for say $50-100K ? I also want to transfer some gold to this bank to keep. Will that present any other requirements on my part? Thank you.
  • I think it was you or perhaps Fitz that mentioned C.I.M. Banque, a Swiss bank. Do you know this bank to be reliable?
  • Kyle Lease
    I am definitely interested in offshore structuring. Whatever way you decide to disclose this information I would like to be informed. Sign me up.

    Thanks

    Kyle
  • Jason Frey
    Do Panamanian banks have an equivalent of FDIC insurance?
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