Our
set up fee to open a personal current account is
only 499 Euro
The asset
protection advantage. If your goal is to
protect assets from frivolous litigation or
seizures, Austria has much to offer. In Austrian
courts, the loser must pay the winner's legal bills,
courts can't award punitive damages in civil
disputes, and all relevant documents must be
translated into German by an official
translator. And, there is no automatic recognition
or enforcement of U.S. civil judgments.
The tradition of bank secrecy in Austria is thus
very different from that in the United States, where
information about your bank account can be bought or
sold without your knowledge, consent, or
compensation. The practical consequence for foreign
depositors is that once you've opened an Austrian
bank account, your assets are, for practical
purposes, "off the radar screen."
That doesn't mean there won't be a paper trail if
someone wants to follow it. Nor does it mean that
the account will necessarily be a secret from tax
authorities in your own country. But it does mean
that if someone wants to sue you, and performs a
domestic asset search to determine if you have
recoverable assets, your offshore monies won't show
up. "No recoverable assets" usually means "no
lawsuit," particularly if (as in the United States)
the attorney handling the matter is paid only a
portion of what's recovered
Investments in an Austrian bank account are also
covered by a deposit guarantee scheme. Per
depositor, deposits are guaranteed up to €20,000 in
the event of bankruptcy, receivership, or
discontinuation of payments. (And, as I mentioned
earlier, assets held in “safe custody” by the bank
(e.g., securities purchased through an Austrian bank
and held by the bank in a “custodial account”) must
be returned to the owner, regardless of their
value.)
A bank must maintain capital reserves to remain
solvent in the event of a loss in the value of its
underlying assets and to withstand a "bank run" by
its depositors. In the event of bankruptcy,
depositors' funds rank in priority before capital,
so depositors only lose money if the bank's losses
exceed its capital. The higher the bank's capital
ratio, the less likely it is that depositors will
lose money.
For years, the United States has tried to convince
Austria to ratify a one-sided agreement called a Tax
Information Exchange Agreement or TIEA.
TIEAs are designed to permit the IRS to engage in
"fishing expeditions" into offshore bank accounts.
Many countries have been strong-armed into signing
these agreements after being threat¬ened by the U.S.
Treasury—but not Austria, which has the financial
and diplomatic clout to resist such overtures.
Under both aa
mutual legal assistance treaty
and a tax treaty, unless the IRS Criminal
Investigation Division (CID) opens a criminal tax
inquiry into the affairs of a U.S. taxpayer with
Austrian investments, no information exchange can
take place. CID investigations are not nearly as
common as civil tax investigations, and are reserved
for serious tax offenses. According to a senior
official I spoke to in the Austrian Tax Ministry,
requests for information are restricted to cases of
criminal tax fraud or money laundering.
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