Another food concessionaire found for tax evasion

The Bureau of Internal Revenue (BIR) today filed a criminal complaint with the Department of Justice against LILIA DE LOS REYES GONZALES (GONZALES) for willful attempt to evade or defeat tax, deliberate failure to file Income Tax Return (ITR) for taxable years 2008 and 2010, deliberate failure to file Quarterly Value Added Tax (VAT) returns for the 2nd, 3rd and 4th quarters of taxable year 2010, willful failure to supply correct and accurate information in Quarterly VAT returns for taxable years 2008, 2009 and First Quarter 2010, and to pay the corresponding taxes due thereon, in violation of Section 254 and Section 255 of the National Internal Revenue Code of 1997, as amended (Tax Code).

GONZALES is the registered owner of YASIOK DIMSUM FOOD HOUSE which is engaged in the food business. She is likewise a licensed concessionaire of the Philippine Amusement and Gaming Corporation (PAGCOR) with business address at 567-F Int. P. Aguirre, Tondo, Manila.

The case against GONZALES stemmed from a preliminary investigation conducted by the BIR on her alleged perpetration of tax evasion schemes.

In the course of the investigation, investigators obtained a certification from the General Manager of PAGCOR Airport Casino Filipino confirming that Yasiok (Gonzales) received income payments from PAGCOR amounting to P39.95 million (P25.51M – 2008 & P14.44M – 2010), net of withholding taxes, during taxable years 2008 and 2010.

GONZALES, however, failed to declare said income from PAGCOR after failing to file her ITRs with the BIR for the said taxable years. Such willful and deliberate failure to file her returns resulted in the non-payment of her income tax in the aggregate amount of P25.61 million, inclusive of surcharges and interest, broken down as follows: 2008 – P17.54 million and 2010 – P8.07 million.

Investigation also disclosed that GONZALES had substantially underdeclared her sales in her Value Added Tax (VAT) returns by P24.02 million, P24.3 million and P0.41 million for taxable years 2008, 2009 and First Quarter 2010, respectively. For the last three quarters of 2010, she failed to file her VAT returns and hence failed to declare sales in the sum of P9.04 million. She was thus assessed a total deficiency VAT in the sum of P15.8 million, including surcharges and interests, broken down as follows: 2008 – P6.56 million; 2009 – P6.05 million; and 2010 – P3.19 million.

The BIR pegged the total deficiency tax liabilities of GONZALES at P41.41 million.

The case against LILIA DE LOS REYES GONZALES is the 119th filed under the Run After Tax Evaders (RATE) program of the BIR under the leadership of Commissioner Kim S. Jacinto-Henares.