MANILA (Mabuhay) — The Bureau of Internal Revenue Thursday filed before the Department of Justice tax evasion charges worth P458.36 million against a supplier of the Philippine National Police and a certified public accountant.
Charged were Gigie Junio Marpa and CPA Danilo M. Lincod.
In a press conference, BIR Commissioner Kim S. Jacinto-Henares said they charged Marpa for willful attempt to evade or defeat tax and deliberate failure to supply correct and accurate information in her income tax and quarterly value added tax returns and to pay the corresponding taxes due thereon for taxable years 2009 and 2010 in violation of Sections 254 and 255 of the National Internal Revenue Code of 1997.
Henares said they also charged Lincod who certified the financial statements of Marpa for taxable years 2009 and 2010 in violation of Section 257 of the Tax Code.
Marpa is the sole proprietor of RKGK Enterprises and is engaged in the retail of books and office supplies with business address at 3555 Heavenly Drive, San Agustin, Novaliches, Quezon City.
The case against Marpa arose from a preliminary investigation conducted by the BIR on her alleged perpetration of tax evasion schemes.
Information were extracted from the BIR’s Returns Processing System, Collection and Bank Reconciliation System and Alphalists of Annual Information Return of Creditable Income Taxes Withheld as well as from the Income Tax and VAT returns filed by Marpa with the BIR.
Henares said a comparison of Marpa’s declarations per tax returns as against income payments made per alphalist of payees already revealed a substantial underdeclaration of income of more than 30%.
An access letter was sent to the PNP requesting for details of payments made to Marpa.
A comparison of the data provided by the PNP in its certification of income payments made to Marpa for taxable years 2009 and 2010 as against the gross income she declared in her tax returns for the same years also revealed the same finding Marpa deliberately failed to declare her correct tax base by substantially underdeclaring her income for 2009 and 2010.
Under Section 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.
Henares said Marpa was assessed an aggregate deficiency tax liability for taxable years 2009 and 2010 in the amount of P458.36 million, inclusive of surcharges and interests.
On the other hand, Lincod was charged for issuing an unqualified opinion in his certification of the 2009 and 2010 audited financial statements of Marpa despite the latter’s underdeclaration in her declared income for the same taxable years.
If found guilty, both Marpa and Lincod may face imprisonment and a fine to be determined and both at the discretion of the court. (MNS)