Henares parting shots: charges against Planters Development Bank, others

BUREAU of Internal Revenue (BIR) Commissioner Kim Jacinto-Henares marked the eve of her departure from office by filing separate tax evasion cases against Planters Development Bank (PDB), a former Land Transportation Office (LTO) Chairman, Alberto Suansing, and nine other parties.

PDB, its Senior Vice- President Jose F. Acetre and a certain Willington Lim were charged with “willful attempt to evade or defeat taxes” for tax year 2014.

The Bank and Mr. Lim allegedly evaded the payment of penalties in the amount of P959,581.35 by executing a Deed of Absolute Sale dated later than the actual transaction.

BIR however discovered that PDB and Lim concluded a cash sale last in November 2009, allegedly avoiding payment of Expanded Withholding Tax.

“PDB and Lim postdated the deed of sale trying to defeat the imposition of surcharge and interest,” said Ms. Henares during her last news conference.

Likewise, former LTO Chairman and now North Star Port Development Corp. ( North Star) President Alberto H. Suansing and Treasurer Rosauro A. Aguinaldo were charged with “willful failure to pay taxes.”

North Star was assessed an unpaid deficiency liability for tax year 2008 amounting to P29.83 million.

The respondent subsequently ignored demand notices issued by the BIR.

“The respondent’s obstinate failure and continued refusal to pay its long overdue deficiency tax assessments, despite repeated demands, constitute willful failure to pay the taxes due to the government,” according to a bureau statement.

Sought for comment, Mr. Suansing said he left the company in 2007 and cannot be liable for evasion of taxes in 2008.

He also denied receiving notices from the commission including the Final Notice Before Seizure.

“I left the company 9 years ago. I used to be an officer,” Mr. Suansing said by phone, adding that he is currently seeking legal advice.

Commissioner Henares leaves office having charged 492 private corporations and individuals with violations of the revenue code.

“We’re following every rule of law. These are contained in provisions of the Internal Revenue Code and we should implement it,” Ms. Henares said.

“Its also to show people we are serious about tax collection,” she added. —