BIR files tax evasion complaint vs Alice Guo, 2 others at DOJ
Tax evasion complaint was filed by the Bureau of Internal Revenue (BIR) before the Department of Justice (DOJ) against dismissed mayor Alice L. Guo of Bamban, Tarlac in connection with the transfer and later sale of her shares at Baofu Land Development, Inc.
Aside from Guo, also charged in the complaint were Jack L. Uy and Baofu corporate secretary Rachelle Joan Malonzo Carreon.
They were accused of violating the National Internal Revenue Code (NIRC) for their alleged failure to file and pay capital gains tax and documentary stamp tax.
Carreon was also accused of violating Section 250 of the NIRC for her alleged failure to file or supply certain information pertaining to the transaction.
“Dito sa transakyon na ito mga more or less P500,000 ‘yung capital gains at tsaka documentary stamp tax ang hindi nabayaran na ito (In this transaction, there was around P500,000 capital gains tax and documentary stamp tax that were not paid),” BIR Commissioner Romeo D. Lumagui told journalists after filing the complaint.
Lumagui explained the taxes remained unpaid after Guo sold her shares at the Baofu Land Development, Inc.
“Of course may parusang pagkakulong ito at mabigat din ang parusa laban doon sa corporate secretary na hindi tiningnan na bayad ang buwis kasi nasa batas ‘yan na bago ka magtransfer ng shares sa corporate books at tsaka pagreport sa SEC ay dapat makita muna na bayad ang buwis (Of course this carries the penalty of imprisonment and the corporate secretary also faces heavy penalty for not checking that the taxes were not paid because the law provides that the taxes should already be paid before the transfer of the shares into the corporate books and the reporting to the Securities and Exchange Commission),” said Lumagui.
“So itong corporate secretary may pananagutan dahil trinansfer n’ya ‘yung shares sa libro at base sa records sa SEC na hindi bayad ang buwis (So this corporate secretary has liability for the transfer of the shares into the books and, based on the SEC records, failed to pay taxes),” he added.
He also said the charges could be filed against Guo and other persons in the future. He did not elaborate.
"Patuloy na pag-aaudit natin doon sa iba pang traksyon n’ya at patuloy pa tinitingnan natin kung ano ang maihahabol natin sa kanya (we continue to audit her other transactions and look into what else we can file against her)," he stressed.
He noted the audit being conducted by the BIR covers the entire business operations of Guo that were disclosed during the Senate hearings.
Guo, who had earlier been suspended as mayor by the Office of the Ombudsman (OMB), had been dismissed as Bamban town executive on grave miscount charge filed by the Department of the Interior and Local Govern,ent (DILG).
A quo warranto case has been filed against Guo by the Office of the Solicitor General (OSG) which challenged his authority and qualification to discharge her post as town mayor.
Non-bailable qualified trafficking in persons complaint has also been filed against Guo before the DOJ.