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National Newsbits for September 2, 2014

BIR TO AUDIT 2013 TAX RETURNS

Bureau of Internal Revenue Commissioner Kim S. Jacinto-Henares yesterday ordered revenue field men nationwide to investigate the 2013 income tax returns (ITR) filed by both individual and corporate taxpayers. The BIR chief issued the instruction after some regional director and district officers were hesitant to start checking 2013 ITRs due to the absence of an audit program. Previous administration prohibited the investigation of ITRs until it came out with the guidelines, released usually after the April 15 deadline in the filing of ITRs. Basically, the program laid down the procedure on how the probe should be conducted. Henares said there is no need for an audit program as “everybody is subject to yearly investigation.” (Jun Ramirez)

POEA LAUNCHES ONLINE PORTAL

The Philippine Overseas Employment Administration (POEA) began pilot-testing yesterday the online processing of overseas employment certificates (OEC) which overseas Filipino workers need to secure in order to return to work abroad. POEA Administrator Hans Cacdac said the soft-launching of the Balik Mangggagawa (BM) Online System to address possible bugs in the system. He urged OFWs to use the website, which could be accessed at bmonline.poea.gov.ph, and report any defects, which they may encounter while using the online service. “Comments and queries are welcome during this soft launch,” Cacdac said.  He said OECs previously issued by Philippine Overseas Labor Offices have not yet been incorporated in the on-line service. “In which case the OFW will be guided to the appointment system,” he said. “There will be a P100 POEA fee and a P19.50 service fee for use of the e-payment portal,” Cacdac said. (Samuel Medenilla)

ARRAIGNMENT DEFERRED

A Batanes court yesterday deferred the arraignment of seven Philippine Coast Guard (PCG) personnel charged with homicide, after it decided to hear first their bid to have the charges dismissed. In a telephone interview, Assistant State Prosecutor Juan Pedro Navera said Batanes RTC Branch 13 Judge Ramon Barona postponed the arraignment of Seamen 1st Class (SN1) Edrando Quiapo Aguila, Mhelvin Aguilar Bendo II, Andy Gibb Ronario Golfo, Sunny Galang Masangkay and Henry Baco Solomon, SN2 Nickey Reynold Aurellio and PO2 Richard Fernandez Corpus. The seven PCG men were involved in the shooting of Hong Shi Cheng after a sea chase and confrontation off the coast of Balintang Channel in northern Luzon on May 9 last year. “They have filed a motion to quash the information last week and we also filed our opposition. The presiding judge said he will first resolve the motion to quash and if the judge will rule tomorrow (Tuesday) and deny that motion, the arraignment will proceed Tuesday,” Navera said. (Leonardo Postrado)

TROPICAL DEPRESSION

The trough or extension of a low-pressure area (LPA) east of Visayas is most likely to develop into a tropical depression by mid-week, the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) said. PAGASA senior weather forecaster Rene Paciente said the trough, which was still outside the Philippine area of responsibility (PAR) last Monday morning, is expected to enter PAR through the eastern border on Tuesday. “It will enter as LPA on Tuesday and may intensify into a tropical depression on Wednesday (September 3),” he said. Should it intensify into a tropical depression, it will be given a local name of “Kanor,” the first tropical cyclone to enter PAR this month and 11th this year. He noted that an average of two to three tropical cyclones usually form and enter the PAR in September. (Ellalyn B. de Vera)

  • voltron

    BIR Kim Henares’s Lapses?

    1. Intentional failure to sue potential tax evader?

    Commissioner Henares intentionally did not pursue tax evasion case against Golden Donuts, Inc. (GDI), the exclusive Philippine Franchisee of the American food brand “Dunkin’ Donuts”, who was found to have grossly committed fraudulent acts or criminal tax violations that culminated to tax assessment amounting to P1.56 billion, including increments, discovered and documented by the former BIR examiner who conducted audit of GDI’s financial records, such as:

    (a) GDI has two (2) sets of books of accounts. One is registered with the BIR and the other is not;
    (b) It supplied false information on the tax return. The net income per registered books is P135.2 million while the tax return reflected a net loss of P44.9 million;
    (c) It substantially under-declared sales on the tax return; and
    (d) It also substantially under-remitted VAT.

    2. Intentional failure to enforce collection of a due and demandable tax assessment?

    The deficiency tax assessment against GDI amounting to P1.56 billion for year 2007 obtained finality, but the commissioner did not enforce collection thereof. Instead she ordered two (2) re-investigations. Is there a law which authorizes a commissioner to order two (2) reinvestigations of a due and demandable assessment?

    The commissioner further claimed that the authority to decide and declare finality of a certain assessment is a function vested by law upon the Commissioner of Internal Revenue.

    Her statement is wrong. It is the law that determines finality of an assessment. It is provided under Section 228 of the 1997 Tax Code, as amended, in relation to Revenue Regulations No. 12-99, as amended.

    GDI’s case has been published in not a few media reports. It was also tackled in a privilege speech at the House of Representatives on May 5, 2014 by Representative Magtanggol Gunigundo I.

    The former BIR examiner who conducted audit of GDI’s records already filed complaint before the Office of the Ombudsman against Commissioner Henares and her Deputy Commissioner Estela Sales for grave misconduct, gross neglect of duty and violation of RA 3019 and other special laws.

    There’s hole in Kim Henares’s bread. Her anti-tax evasion campaign is fake. She coddles and lawyers for Dunkin’ Donuts’ local seller…a tax evader?