“It is a case of a legal mind engaging other legal minds in a virtual tax war.”

Months after being constantly hounded by persistent inquiries on why not a single lawyer has been charged under its Run After Tax Evaders (RATE) Program, the Bureau of Internal Revenue (BIR) today silenced its “wondering and inquisitive partners” after it filed a tax evasion case against a lawyer for committing acts constituting violations of the Tax Code of 1997.

Facing criminal charges before the Department of Justice (DOJ) for willfully attempting to evade or defeat payment of taxes and for sixteen (16) counts of willfully failing to file his tax returns is Atty. Gari M. Tiongco. He is also being sued for the payment of deficiency taxes for taxable year 2009 in the aggregate amount of P58,944,093.76, inclusive of surcharges and penalties.

Atty. Tiongco is a resident of No. 10 P. Burgos St., Ayala Heights Village, Diliman, Quezon City and he is registered with BIR Revenue District Office No. 39, South Quezon City as a “Professional.”

BIR investigators discovered that Tiongco received from TEAM Energy Corporation and TEAM Sual Corporation the total amount of P124,310,000.00 for services rendered in 2009.

As an individual receiving self-employment income, Tiongco is required to make and file a declaration of such income for taxable year 2009. Investigation by the BIR, however, established that he failed to file his Income Tax (IT) and Value-Added Tax (VAT) Returns for the said taxable year, and thus failed to pay the corresponding taxes due thereon.

Total tax due from Tiongco as above stated is broken down as follows: IT – P34,082,088.69; and VAT – P24,862,004.97.

The case against Atty. Gari M. Tingco is the sixteenth (16th) filed under the RATE program of the BIR under the leadership of Commissioner Kim S. Jacinto-Henares. (reytdlc)

Taxpayer Information & Education Division

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