The Bureau of Internal Revenue (BIR) today filed a criminal complaint with the Department of Justice against BERNARD B. ANACTA (ANACTA) for willful attempt to evade or defeat tax and for deliberate failure to supply correct and accurate information in his Income Tax Return (ITR) for Taxable Year (TY) 2009, in violation of Section 254 and Section 255 of the National Internal Revenue Code of 1997, as amended (Tax Code).
ANACTA is the sole proprietor of MONACO MODELS AND CASTING AGENCY with business address at 11th Floor, Unit 1100 B Vicente Madrigal Building, 6793 Ayala Avenue, Salcedo Village, Makati City. He is engaged in casting artists/models to be featured in television commercials.
The case against ANACTA stemmed from a preliminary investigation conducted by BIR investigators on his alleged perpetration of tax evasion schemes. In the course of said investigation, certifications of income payments were obtained from ANACTA’s clients which documents disclosed he received an aggregate income payment of P7.69 million in TY 2009. Said income payments were likewise confirmed with the Lists of Payors of ANACTA extracted from the BIR’s Data Warehouse.
The said income payments were received from Avon Cosmetics, Inc. (P1.261 million), BBDO Guerrero, Inc. (P0.376 million), Campaigns and Grey, Inc. (P0.183 million), Golden ABC, Inc. (P0.769 million), Golden Arches Development Corporation (P0.296 million), Harrison Communications, Inc. (P0.974 million), McCann Worldgroup Philippines, Inc. (P2.644 million), Publicis JimenezBasic, Inc. (P0.531 million), SM Mart, Inc. (P0.068 million), Southeast Asia Food, Inc. (P0.175 million), United Laboratories, Inc. (P0.349 million), and Universal Robina Corporation (P0.062 million).
Investigation records revealed that ANACTA willfully failed to declare all his income in his ITR for TY 2009. A comparison of the gross income he declared in his ITR for TY 2009 with the revenues he received in the same year as certified by his clients showed that he substantially under-declared his income by 552% or by P6.510 million.
Under Sec. 248 of the Tax Code, an under-declaration of taxable income by more than 30% constitutes a prima facie case of fraud tantamount to tax evasion.
ANACTA was assessed deficiency income taxes for TY 2009 amounting to P4.174 million, inclusive of surcharges and interests.
The case against BERNARD B. ANACTA is the 138th filed under the Run After Tax Evaders (RATE) program of the BIR under the leadership of Commissioner Kim S. Jacinto-Henares.