Uncollected P1.56B taxes
By Mortz C.Ortigoza
URDANETA CITY – Despite the expose’ of a disgruntled former Examiner
that the Commissioner of the Bureau of Internal Revenue protects alleged big time
tax evader, the latter argued that her omission to collect P1.56 billion was
correct and dismissed tag as coddler of “Dunkin’Donuts”.
BIR Commissioner Kim Henares cuddles in this cartoon Ms Marixi Prieto, Secretary of Dunkin Donuts' franchise and Chairperson of the Philippine Daily Inquirer. |
“Tatlong reinvestigation na kami sinasabi mali po siya. Papaano mo
pipilitin ang isang mali sa isang taxpayer assuming natin na ma-assess ko iyan.
Gagawin ng taxpayer pupunta siya sa Court of Tax Appeal ku-kwestionin niya,”
stressed by Commissioner Kim Henares after the inauguration of the new revenue
district office here.
Othello Dalanon, the resigned BIR Examiner, cited he discovered in
his assessment that Golden Donuts, Inc.(GBI), the exclusive Philippine
franchisee of the global brand “Dunkin’ Donuts” was liable to pay P1.56 billion
after it did not protest the Formal Letter of Demand and Assessment Notice
(FAN) of the tax agency.
Dalanon personally reported GDI’s omission to Henares and recommended to
her criminal prosecution for tax evasion of GBI under the much vaunted “Run After Tax Evaders” program of the
Bureau; but she intentionally did not pursue the fraud case against the company
because its secretary – Marixi Prieto who is also the chairperson of the
Philippine Daily Inquirer – is President Aquino’s friend, according to Deputy
Commissioner Estela Sales.
The former Examiner cited the deficiency tax assessment done by the BIR obtained
finality because GDI failed to file a valid protest against the FAN.
Ms. Prieto, Dalanon added, talked to Henares and then BIR Regional and
the incumbent Assistant Commissioner Nestor Valeroso on different occasions who
both gave leniency to GDI.
Henares intentionally did not collect it, because representatives of GDI
complained to her that Dalanon’s assessment was faulty. She, according to
Dalanon, ordered two re-investigation.
Dalanon said however that there is no law that authorizes the
commissioner to order two re-investigation of a final, executory, and
demandable assessment.
Henares assailed Dalanon’s insistence, he reported in the mass media, for
her to collect the P1.56 billion.
“Siguro tinanong muna siya bakit
siya pursigidong ganito. Ano ba ang nawala sa kanya? So, ano ba ang para sa
akin?”
She said how could she insist to collect the sum when what she will be
doing is illegal.
“Unang sinabi niya ayaw kung
kumulekta ng ganoon kalaki. Kung talagang kulekta. Kung hinde naman ano naman
ang gagawin ko kung pipilitin ko ang isang mali?” she posed.
Dalanon cited how jurisprudences support his charges against Henares’
stubborn inaction to collect the more than a billion pesos back taxes.
“The
alleged letter of protest of GDI merely states “protest against Preliminary Assessment Notice (PAN) adopted in toto”. It does not state the
facts, the applicable law, rules, and regulations, or jurisprudence on which
its protest was based. It is neither a request for reconsideration nor
reinvestigation, “Dalanon wrote to
this paper.
The National Internal Revenue Code of 1997 states that the taxpayer or
his duly authorized representative may protest administratively against the
aforesaid formal letter of demand and assessment notice within 30 days from
date of receipt thereof.
If the taxpayer fails to file a valid protest against the formal letter
of demand and assessment notice within 30 days from date of receipt thereof,
the assessment shall become final, executory, and demandable.
“The Court of Tax Appeals in the case of Allied Banking Corporation vs.
Commissioner of Internal Revenue (CTA Case No. 4581, March 25, 1992, cited
“failure to comply with any or all of these requirements results in the
assessment against the taxpayer becoming final and unappealable,” Dalanon told
this paper.
Henares said because of the BIR’s failure to collect, Dalanon sued her
and other BIR officials at the Ombudsman.
"Secondly, demanda niya kami sa Ombudsman. Ang Ombudsman dinismis ang kaso niya. Motion for Reconsideration siya kung saan-saan ang kaso niya pumunta siya sa Court of Appeals, dinismis pa rin ang kaso niya".
"Secondly, demanda niya kami sa Ombudsman. Ang Ombudsman dinismis ang kaso niya. Motion for Reconsideration siya kung saan-saan ang kaso niya pumunta siya sa Court of Appeals, dinismis pa rin ang kaso niya".
Dalanon assailed the Commissioner “while she “sows fears among
taxpayers, bullies, private and government workers, marginal income earners,
and insists on probing Supreme Court Justices; she fears, coddles and lawyers
for Dunkin’ Donuts’ local seller – a big time tax evader”.
Henares is a lackey of pnoy...and maxi prieto is pnoys friend, thats why daily inquirer is never critical of pnoy and LP's..Dunkin Donuts back taxes will never be charge of not paying the right taxes which costs us more than a billion and a half pesos...meanwhile we, the hardworking citizens, earning to survive just enough will continue to carry this burden...thats Philippine governance and politics...leave with it..
TumugonBurahin