The Bureau of Internal Revenue (BIR) today filed a criminal complaint with the Department of Justice against JOSE EDMUNDO J. TOGADO (TOGADO) for willful attempt to evade or defeat tax and deliberate failure to supply correct and accurate information in his Income Tax Return (ITR) for taxable years 2007, 2008 and 2009 in violation of Section 254 and Section 255 of the National Internal Revenue Code of 1997, as amended (Tax Code), as well deliberate failure to file Value Added Tax (VAT) returns and failure to register as VAT Taxpayer for taxable years 2007, 2008 and 2009 in violation of Section 275, in relation to Section 236 (G) (1) of the Tax Code. TOGADO, an architect by profession, operates under the business name TOGADO BUILDERS with business address at 565 Camagong Street, Villamonte, Bacolod City. He is engaged in the business of building components installation.
Investigation of TOGADO pursuant to a Letter of Authority showed that he substantially underdeclared his sales for taxable years 2007 to 2009.
Sales per TOGADO’s records and from Third Party Information amounted to P4.74 million in 2007, P3.40 million in 2008 and P5.45 million in 2009.
Compared with his ITR sales declaration of P323,240.00 in 2007, P420,950.00 in 2008 and P469,270.00 in 2009, investigators uncovered a discrepancy of P4.42 million or 1,368% in 2007, P2.97 million or 704% in 2008 and P4.98 million or 1,060% in 2009.
Additionally, TOGADO failed to register as a VAT taxpayer considering that as early as 2007, his sales was already beyond the threshold amount of P1.5 million.
Using the abovementioned findings, the BIR computed TOGADO’s estimated aggregate tax liabilities at P12.2 million, inclusive of surcharges and interests, broken down as follows: 2007 – P4.7 million (IT – P3.3 million/ VAT – P1.4 million); 2008 – P3.0 million (IT – P2.0 million/VAT – P1.0 million); and 2009 – P4.5 million (IT – P3.1 million/VAT – P1.4 million).
The case against JOSE EDMUNDO J. TOGADO is the 121st filed under the Run After Tax Evaders (RATE) program of the BIR under the leadership of Commissioner Kim S. Jacinto-Henares. It is likewise a RATE case of Revenue Region No. 12, Bacolod City.