BIR files ₱58-million tax evasion charges against four delinquent taxpayers
By Jun Ramirez
The Bureau of Internal Revenue (BIR) has filed separate criminal complaints before the Department of Justice (DOJ) against three companies and an individual for allegedly failing to pay a total of ₱58.5 million in taxes, penalties, and surcharges.
Charged with willful failure to pay internal revenue taxes under Section 255 of the National Internal Revenue Code (NIRC), or the Tax Code, were Annalyn Esteves Hara, Hamaya Philippines Corp., Antipas DT Construction and Development Corp., and SH Business Construction Services Inc., along with their responsible corporate officers.
Hamaya Philippines, based in Bacoor City, Cavite province, has the biggest liability amounting to ₱27.294 million in deficiency income and withholding taxes for taxable year 2017.
Annalyn Esteves Hara of Sorsogon province allegedly owes ₱15.903 million in income tax and value-added tax (VAT) for 2017.
Antipas DT Construction and Development of Digos City, Davao del Sur province, faces a tax liability of ₱9.661 million covering income tax, expanded withholding tax, 12-percent value-added tax (VAT), and documentary stamp tax (DST) for taxable year 2019.
Meanwhile, SH Business Construction Services has an alleged liability of ₱5.648 million in income tax and VAT for 2017. The BIR said the company could no longer be located at its registered address when notices were served.
The BIR said the taxpayers failed to respond despite repeated notices, final assessments, and warrants of distraint and levy issued over several years before criminal charges were filed.
BIR Commissioner Charlito Martin R. Mendoza stressed that tax liabilities remain enforceable even if notices are ignored.
“Once assessments become final and executory, the BIR is prepared to pursue the appropriate legal remedies, including criminal action,” Mendoza said.
He also urged taxpayers to promptly respond to BIR notices and settle their obligations before cases escalate.
The four complaints bring to 78 the total number of cases filed before the DOJ under the Run After Tax Evaders (RATE) Program since Mendoza assumed office six months ago.
Under Section 255 of the Tax Code, conviction carries a fine of at least ₱10,000 and imprisonment of one to 10 years. Corporate officers found liable may also face additional penalties under Sections 253 and 256 of the Tax Code.