BIR files cases vs 3 Manila firms, Agusan del Sur gold trader for P75M tax deficiency

The Bureau of Internal Revenue. AFP FILE PHOTO

MANILA, Philippines — The Bureau of Internal Revenue (BIR) filed on Thursday, separate tax evasion charges at the Department of Justice against traders based in Manila and Agusan del Sur for allegedly failing to pay more than P75 million in taxes.

BIR Commissioner Kim Henares led the filing of charges at the DOJ against Manila companies Soler Metalcraft Marketing, El’A Commercial, and Builders Macrosystem Technology Inc.; and gold trader Rizaldy Chua of Sta. Cruz, Agusan del Sur.

Chua, according to the BIR, sold gold worth P96 million to the Bangko Sentral ng Pilipinas in 2009 and 2010. However, in the income tax returns that she filed, she allegedly reported gross sales of only P190,500 in 2009 and P204,000 in 2010.

The trader was sued for deficiency in income taxes in the amount of P69.07 million, inclusive of surcharges and interests.

“Under the tax code, an under-declaration of taxable income by more than 30 percent constitutes a prima facie case of fraud tantamount to tax evasion,” the BIR said in a statement.

Also charged by the revenue agency were El’A owner Luisa Chuahiong and Builders, represented by its president Bernardo Terrobias and treasurer Juanito Terrobias, who allegedly failed to reply to demand letters and notices sent by the BIR regarding their tax liabilities.

El’A, a merchandising firm, was sued for tax liabilities worth P4.12 million in 2007 while Builders, a firm engaged in construction, was sued for tax liabilities worth P7.58 million in 2009.

“The obstinate failure and continued refusal to pay their long overdue deficiency in tax assessments, despite repeated demands, constitute willful failure to pay taxes due to the government,” the BIR said.

The agency also filed charges against Soler and its proprietor Nancy Sze for allegedly stating in her 2010 ITR that she had a gross income of P6.89 million when records from the companies that traded with Soler showed it earned at least P10.58 million in the same year.

Sze, as the sole proprietor of the company, was sued for a tax liability for P4.07 million, including surcharges and interests.

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