The Bureau of Internal Revenue (BIR) has filed a complaint against actor Mark Herras after the latter allegedly failed to present his restaurant’s accounting records for 2008.

In a two-page affidavit, the BIR Legal Division accused Herras, who acts as corporate treasurer of Clubserv Bar and Restaurant located in Cubao, Quezon City – of violating Section 266 of the Tax Reform Act of 1997.

In the complaint filed with the Quezon City Prosecutor’s Office, BIR lawyers Geraldine Llaguno and Oliver Correa said they issued a subpoena to the actor ordering him to present the restaurant’s account books for 2008 but the actor failed to do so.

“Not withstanding several personal follow-ups and telephone calls to the subject taxpayer to present [the] books of accounts and other accounting records, said taxpayer refused to comply with the said request,” they said.

The lawyers said the subpoena was duly noted and received by a certain Tunette Legaspi. Another copy was sent to Herras through registered mail.

Under the 1997 Tax Reform Act, failure to obey the BIR’s summons is punishable by a fine ranging from P5,000 to P10,000 or imprisonment of one to two years.

But Lolit Solis, Herras’ manager, told the Philippine Daily Inquirer that they are yet to receive a copy of the complaint.