Licensed Customs Broker and her CPAs rapped with tax evasion The Bureau of Internal Revenue (BIR) today filed a criminal complaint with the Department of Justice against IMELDA MANARES SUBA (SUBA) for willful attempt to evade or defeat tax, deliberate failure to supply correct and accurate information in her Annual Income Tax Returns (ITRs), willful failure to register as Value Added Tax (VAT) Taxpayer and deliberate failure to file quarterly VAT Returns, for taxable years 2009 to 2011, in violation of Sections 254, 255 and 275 in relation to Section 236 (G)(1) of the National Internal Revenue Code of 1997, as amended (Tax Code). Likewise charged were independent Certified Public Accountants (CPA) MIGUEL DE LEON GARCIA (GARCIA) and JOSEPHINE P. YOPO (YOPO) for certifying the Financial Statements of SUBA for taxable years 2010 and 2011, respectively, despite the essential misstatement of facts therein, in violation of Section 257 of the Tax Code. SUBA is a licensed customs broker with registered residential and business addresses at Lot 8 Block 9, Judith Street, Vermont Royale, Marcos Highway, Antipolo City and Rm. 508 5/F 1010 Building, A. Mabini St., Ermita, Manila, respectively. Investigation showed that SUBA was issued Letter of Authority (LA) No. 211-2013-00000110 for the examination of her books of accounts and other accounting records for all internal revenue taxes for the period January 01, 2009 to December 31, 2011. Evaluation of BIR records (Alpha List 1604E) reflecting income payments made by SEMIRARA Mining Corporation (SEMIRARA) to SUBA showed discrepancies vis-à-vis her income tax declarations. In order to ascertain the true income received by SUBA for taxable years 2009 to 2011, an access letter was sent to SEMIRARA. In its letter reply, SEMIRARA certified that it made income payments to SUBA amounting to P19.31 million (P2.81 million in 2009, P14.36 million in 2010, and P2.13 million in 2011) from which SEMIRARA deducted withholding taxes amounting to P0.54 million. ITRs and financial statements filed by SUBA with the BIR disclosed gross income of P0.64 million in 2009, P0.74 million in 2010 and P0.79 million in 2011. A comparison of the documents and information gathered by the BIR revealed that SUBA deliberately underdeclared her taxable income by P2.17 million or 342% in 2009, P13.62 million or 1,840% in 2010 and P1.34 million or 170% in 2011. Under Sec. 248 (B) of the Tax Code, an underdeclaration of taxable income by more than 30% is considered substantial underdeclaration and constitutes a prima facie case of fraud tantamount to tax evasion. SUBA was sued for a total tax liability of P15.6 million, inclusive of surcharges and interests, broken down as follows: 2009 - P2.25 million (IT - P1.47 million and VAT – P0.78 million); 2010 - P12.15 million (IT - P8.53 million and VAT – P3.62 million); and 2011 – P1.20 million (IT - P0.72 million and VAT - P0.48 million). The case against IMELDA MANARES SUBA and CPAs MIGUEL DE LEON GARCIA and JOSEPHINE P. YOPO is the 177th filed under the Run After Tax Evaders (RATE) program of the BIR under the leadership of Commissioner Kim S. Jacinto-Henares. (reytdlc)
Posted on: Thu, 25 Jul 2013 06:44:31 +0000
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