A sole proprietor has been added to the tax evasion row after the Bureau of Internal Revenue (BIR) today filed with the Department of Justice (DOJ) a criminal complaint for willful attempt to evade or defeat payment of taxes, and deliberate failure to supply correct and accurate information after he was discovered to have deliberately and substantially underdeclared his income in his income tax and value-added tax returns for taxable year 2007.

Charged before the DOJ were ROBERT CHRISTOPHER M. CARMONA of No. 7158 Anglo Bldg., Wack Wack Shaw Blvd., Mandaluyong City and GINA D. OGSONAR of Lot 10 Block 29 ACM Subdivision, Alapan, Imus, Cavite. Carmona is the sole proprietor of SAGA CASTING AND PRODUCTION while Ogsonar is an independent Certified Public Accountant.

Information obtained by BIR investigators from the BIR Reconciliation of Listings for Enforcement (RELIEF) System and from various clients of Carmona revealed that he understated his income from sales by a total amount of P68,747,335.47, an underdeclaration of more than 30% of what he declared in his income tax return. Under the Tax Code, an underdeclaration of taxable income of more than 30% is considered as substantial underdeclaration and constitutes prima facie evidence of a false or fraudulent return.

Based on the said data, the estimated aggregate deficiency tax liabilities of Carmona for the taxable period in question was computed at P36,666,554.09, inclusive of surcharges and interests, broken down as follows: Income Tax – P20,773,355.17; and Value-Added Tax – P15,893,198.92.

In an apparent attempt to dispute the findings of the BIR, his fraudulent intent (to minimize sales) was further revealed after he submitted his income tax return for 2007 with audited financial statements certified by Ogsonar and other documents. He claimed he had purchases in 2007 from Greenbutton, Inc. amounting to P10,641,144.19. The latter’s records, however, disclosed a mere sales of P549,382.92. Furthermore, Carmona claimed he had Accounts Receivable in the sum of P15,366,660.00 contrary to his declaration in his audited financial statements of only P2,003,512.18

Ogsonar, on the other hand, was charged for issuing an unqualified opinion in her certification of the financial statements of Carmona for taxable year 2007 despite the latter’s underdeclaration of its reported revenues/income.

The case against Robert Christopher M. Carmona and Gina D. Ogsonar is the twenty-third (23rd) filed under the Run After Tax Evaders (RATE) program of the BIR under the leadership of Commissioner Kim S. Jacinto-Henares. (reytdlc)

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