BIR files new tax raps vs actor Richard Gutierrez

MANILA — The Bureau of Internal Revenue on Thursday filed another criminal complaint before the Department of Justice against actor Richard Gutierrez.

In its complaint, the BIR specifically accused Gutierrez with one count of “knowingly using or submitting falsified annual income tax return for 2012 and six counts of knowingly using or submitting falsified quarterly value added tax returns for the second, third and fourth quarters of 2012” adding that the actor made it appear that he or his representative filed his annual ITR and quarterly VAT returns.

“Respondent Gutierrez case fake and falsified tax returns to secure the dismissal of the tax evasion case filed against R Gutz Production, Corp. He resorted this scheme to evade payment of taxes/fees imposed by NIRC (National Internal Revenue Code) of 1997 thereby defrauding the government of much-needed revenues,” read the complaint.

The BIR also sought the indictment of Gutierrez for two counts of perjury under Article 183 of the Revised Penal Code for lying in his counter-affidavit.

“The attached returns were deceptively made to appear to have been stamped received by Revenue District Office No. 42 – San Juan City. Revenue District Office No. 42 – San Juan City and the Document Processing Division of BIR Quezon City both certified that R Gutz Production Corp. had no VAT returns filed for the 2nd, 3rd and 4th quarters of taxable year 2012,” the BIR alleged.

Based on the complaint filed by BIR last April, Gutierrez and his production company, R Gutz Production Corporation, where he sits as president, faces two counts of willful attempt to evade or defeat the payment of Income Tax (IT) and Value Added Tax (VAT) covering taxable 2012 and for deliberate failure to file IT Return (ITR) and 2nd, 3rd and 4th quarter VAT returns for taxable year 2012.

“As a consequence of their acts and omissions, R Gutz and its president, Richard Gutierrez, were assessed an estimated aggregate deficiency tax liability for taxable year 2012 in the total amount of PHP38.57 million, including surcharges and interest, broken down into IT — PHP27.45 million; and VAT — PHP11.12 million,” the BIR said.

Gutierrez and his company declared PHP311,111 in sales in 2012. However, their clients said they bought PHP39.9 million from the entertainment firm during the same period, based on a list of purchases.

The R Gutz is a domestic corporation registered with the Securities and Exchange Commission with registered business address at No. 53-C Annapolis Street, San Juan City. It is engaged in the business of production, processing, and marketing of telemovies, telesine, movies recordings, television shows and other forms of entertainment — events, sports promotion of talents, television, and live shows for local and international consumption.

Last July 13, Gutierrez personally submitted his counter-affidavit in connection with the tax evasion complaint filed by BIR.

Gutierrez denied the allegations made by the BIR as he personally submitted his counter-affidavit with the Department of Justice and sought the dismissal of the complaint about the lack of probable cause.

“As far as I am concerned, my company has filed and paid the proper taxes to the government,” Gutierrez said.

His lawyers said they have attached in their counter-affidavit a duly stamped by the BIR the 2012 Income Tax Return (ITR) to prove that there is no failure to file an ITR or that there was an underdeclaration of taxes paid.

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