04/13/2012 [ tribune.net.ph ]
The Bureau of Internal Revenue (BIR) yesterday filed P1.95 billion worth of tax evasion cases against a doctor, a lawyer and his accountant and a packaging container manufacturer at the Justice Department.
Charged were Jedvam Manufacturing Corp. and its responsible corporate officers, Henry Chua Yu, president, Norberto Duque, treasurer, and Joseph Yu, import manager, for failing to pay taxes in 2007 and 2008 even after the BIR had demanded for the payment.
Jedvam Manufacturing Corp., a manufacturer of packaging containers such as papers, kraftliner boards and corrugated boards including yarn, plastic resins among others, was issued a letter of authority for an investigation in August 2009. The company was then served several notices and a final assessment notice was issued to it on January 13, 2012 which it did not respond to, making the final assessment notice final, executory and demandable within 30 days of receipt.
The BIR sought data from the Bureau of Import Services and the Bureau of Customs on the company’s activities that showed that it had imported a total of P4.99 billion of resins from 2007 to 2008.
The BIR reconstructed the gross income of Jedvam based on the evidence it gathered and computed Jedvam’s deficiency tax at P1.93 billion for 2007 and 2008.
The BIR is also charging Dr. Salvador Gundayao Austria for violating sections 254 and 255 of the National Internal Revenue Code. Austria owns several real properties in Olongapo City and along Tomas Morato in Quezon City and buys, sells and leases properties but is not registered as a VAT taxpayer.
Based on the BIR’s investigation, Austria leased a property in Quezon City to HUBB Manufacturing Incorp. for P180,000 monthly from 1999 to 2009. He declared a total gross income of only P1.43 and did not declare P13.69 million. He also did not file any income tax returns for 2002, 2003 and 2005 nor did he file value added tax returns from 1999 to 2005.
The BIR computed Austria’s total tax deficiency at P13.69 million, including surcharge and interest, from 1999 to 2005.
The BIR also filed tax charges against Atty. Abelardo Luzano for violating sections 254 and 255 of the NIRC in 2009 and 2010. Luzano’s clients included the Bank of Philippine Islands, Banco de Oro Unibank Inc., Asia United Bank Corp. and the Hongkong and Shanghai Banking Corp. for 2009 and 2010.
The banks paid Luzano at least P14.65 million for his services in the two-year period but he declared only P8.09 million. Luzano also did not pay value added tax for 2009 and the first two quarters of 2010.
The BIR computed Luzano’s total deficiency tax for 2009 and 2010 at P6.63 million including surcharge and interest.
The BIR is also filing charges against Evangeline Padilla-Kho, the independent certified accountant that certified lawyer Luzano’s financial statements for 2009 and 2010 and issued an unqualified opinion in his audited financial statements for the two years despite knowledge of the existence of income payments from the banks.
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