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MANILA, Philippines - The Bureau of Internal Revenue (BIR) filed tax evasion complaints against a Manila City contractor and Puerto Galera property owners.
Commissioner Kim Jacinto-Henares said the bureau is suing Oscar Repuyan Badillo, sole proprietor of Royal Trust Construction, which was awarded a P54.26-million contract by the City of Manila to build a three-storey building for F. Balagtas Elementary School in 2009.
"Badillo secured several tax identification numbers from various BIR revenue district offices which he manipulated in filing spurious tax returns to avoid the payment of taxes," Jacinto-Henares said.
The BIR filed the complaint against Badillo for violating sections 254 and 255 of the Tax Code for attempting to evade taxes worth P30.35 million and failing to file income tax returns for 2009.
Also facing tax evasion cases are Lerma Lasala and First Flemming Properties Inc. over the sale of two parcels of land in Puerto Galera, Oriental Mindoro.
Lasala sold two parcels of land with a total area of 1,700 square meters to First Flemming in 2008. The transaction was declared at P100,000 for which they paid only P71,400 in capital gains tax and P17,650 in documentary stamp tax.
The BIR’s investigation, however, revealed that the properties were classified as commercial and that the transaction was actually worth P13.8 million.
The BIR’s investigation also revealed that the properties were treated as a capital asset and not as an ordinary asset since the latter entails a higher tax rate.
Jacinto-Henares said First Flemming also failed to report it in its audited financial statement.
The BIR also initiated criminal complaints against the responsible officers of First Flemming, namely its president Flemming Remmer and its corporate secretary, Annbrit Chanet Remmer.
First Flemming is being charged for attempting to evade P15.08 million in taxes, failing to file value added tax and expanded withholding tax returns, as well as failing to supply the BIR with correct and accurate information.
Lasala is being charged for willful attempt to evade or defeat P8.92 million in taxs, failing to file tax returns and failing to supply the bureau with correct and accurate information.
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