GMA NEWS: NOV. 5, 2013 DOJ gives Napoles couple last opportunity to file counter-affidavit for tax evasion complaint By MARK MERUEÑAS, GMA News The Department of Justice (DOJ) on Tuesday gave the camp of detained businesswoman Janet Lim-Napoles more time to respond to the P61-million tax evasion complaint filed against her and her husband Jaime. Senior Assistant State Prosecutor Edna Valenzuela said the Napoles couple should submit a counter-affidavit by November 19 or else the tax evasion complaint against them would be deemed submitted for resolution without their side. This is your last opportunity... We will balance the situation by giving them opportunity to file all affidavits, Valenzuela stressed in a preliminary investigation at the DOJ. Lawyer Francisco Tolentino said the Napoles couple requested an extension because they have yet to look for a tax lawyer to represent them in the case. Valenzuela also required Tolentino to submit within two days a special offer of appearance as one of the new lawyers representing the Napoles couple. Tolentino also said he asked Mr. Napoles if they were aware of the scheduled preliminary investigation today, and the latter said his clients were surprised and [so] I told them I will appear on their behalf. Meanwhile, lawyers from the Bureau of Internal Revenue, which filed the tax evasion complaint, feared that giving the Napoleses extension to file a counter-affidavit would delay the proceedings. If and when that happens, we just would like to put it on record that in case a new lawyer appears [on November 19] and they would request another extension, this would be the third time this will happen, said lawyer Chris Saunar. This will create further delay in proceedings, he added. The BIR lawyers requested the DOJ to no longer grant any future requests from the Napoles camp for an extension of the filing of a counter-affidavit. The DOJ panel noted the BIRs observation and request. As for the separate tax evasion complaint against the Napoles couples daughter Jeane Napoles, the DOJ panel said it would conduct the preliminary investigation... in its natural process. Valenzuela said the Napoleses have to personally subscribe to their counter-affidavits before any public prosecutor. Failure to file income tax returns The Napoles couple were charged with willful attempt to evade paying taxes for taxable years 2004, 2006, 2008, 2009, 2010, 2011, and 2012. Also, the BIR accused Napoles of either failing to file an income tax return from 2010 to 2012 or supplying incorrect information in her ITRs in 2004, 2006, 2008, and 2009. BIRs investigation found out that Napoles acquisitions amounted to P4.17 million in 2004, P22.29 million in 2006, P4.35 million in 2008, P9.84 million in 2009, P6.33 million in 2010, P5.64 million in 2011, and P6.89 million in 2012, Henares said. Despite these acquisitions consisting of condominium units, land parcels, and vehicles, Napoles had only declared an income of P195,800 in 2004 and 100,744.59 in 2008. The BIR said that in 2006 and 2009, Mrs. Napoles declared a P0.00 income. Meanwhile, she did not file any ITRs for the years 2010, 2011, and 2012. As for Mr. Napoles, his acquisitions amounted to P1.42 million in 2004, P5.51 million in 2006, P780,000 in 2008, P9.25 million in 2009, P2.1 million in 2010, P1.17 million in 2011 and P3.65 million in 2012. In contrast, Mr. Napoles did not file any ITRs for these years, except for taxable year 2009 where he declared nothing. Mrs. Napoles acquisitions included condominium units in City and Land Mega Plaza and the Discovery Center, parcels of land in Pangasinan and Kidapawan City, insurance policies with Insular Life Assurance Co Ltd, Philippine American Life and General Insurance Co Inc, and Philippine Axa Life Insurance Corp and vehicles such as Ford Lincoln Navigator, Honda Civic and Porsche Cayenne. The BIR said Mrs. Napoles declared sole proprietorship of merchandising goods as source of her income. Her tax registration was then canceled in 2010. Meanwhile, Jeane was able to acquire real estate and register them in her name in 2011 and 2012, but had no declared income during those years. Among these properties are a condominium unit in Los Angeles, California worth P54.73 million, and her share in a farm lot in Bayambang, Pangasinan worth P1.49 million. Jeane did not file income tax returns and pay taxes for 2011 and 2012 in violation of the National Internal Revenue Code of 1997. Jeanes tax liability stood at P32.06 million. This is broken down into P31.38 million in 2011 and P0.68 million in 2012. —KG, GMA News
Posted on: Tue, 05 Nov 2013 08:42:17 +0000