THE Bureau of Internal Revenue (BIR) has filed criminal complaints with the Department of Justice (DOJ) against three companies and an individual who collectively owe the government P58.5 million in unpaid taxes, penalties, and surcharges dating back to 2017.
The four cases, filed separately, charge Annalyn Esteves Hara, Hamaya Philippines Corporation, Antipas DT Construction and Development Corporation, and SH Business Construction Services Inc, along with their responsible corporate officers, with willful failure to pay internal revenue taxes in violation of Section 255 of the National Internal Revenue Code.
The largest liability is owed by Hamaya Philippines Corporation, a company registered in Bacoor, Cavite, which owes P27.294 million in deficiency income tax and withholding tax for taxable year 2017. Sorsogon taxpayer Annalyn Esteves Hara faces a P15.903-million liability covering income tax and value-added tax for the same year. Antipas DT Construction, based in Digos, Davao del Sur, owes P9.661 million in income tax, expanded withholding tax, value-added tax (VAT), and documentary stamp tax for the taxable year 2019. SH Business Construction Services, which could no longer be found at its registered address when the BIR served notices, faces a P5.648-million liability in income tax and VAT for 2017.
In all four cases, the BIR said the taxpayers failed to respond despite repeated notices, final assessment notices, and warrants of distraint and levy issued over several years before criminal action was pursued. Commissioner Charlito Martin R. Mendoza said the tax obligations do not disappear simply because notices are ignored.
“Once assessments become final and executory, the BIR is prepared to pursue the appropriate legal remedies, including criminal action,” Commissioner Mendoza said.
“We remind taxpayers to respond promptly to BIR notices and settle their obligations through the proper channels before cases escalate further,” he added.
With these four cases, the BIR has now filed a total of 78 cases before the DOJ under the Run After Tax Evaders (RATE) Program since Commissioner Mendoza assumed office six months ago, as part of the Revenue Collection and Base Protection pillar of BIR DARES.
Conviction under Section 255 carries a fine of at least P10,000 and imprisonment of between one and 10 years. Corporate officers found liable face additional penalties under Sections 253 and 256 of the Tax Code.
