BIR files P38.57-M tax evasion complaint vs. Richard Gutierrez

The Bureau of Internal Revenue (BIR) on Friday filed a criminal complaint against actor Richard Gutierrez and his production company for allegedly evading tax payments valued at P38.57 million.

In a complaint with the Department of Justice (DOJ), the BIR said R Gutz Production Corp. and its president, Richard Gutierrez, were charged with two counts of "Willful Attempt to Evade or Defeat the Payment of Income Tax (IT) and Value Added Tax (VAT) covering taxable year 2012, and for Deliberate Failure to file IT Return (ITR) and 2nd, 3rd, and 4th Quarter VAT Returns for taxable year 2012."

R Gutz is engaged in the production, processing and marketing of telemovies, telesine, movies, recordings, television shows and other forms of entertainment, including events, sports, talent promotion, movies, television and live shows for local and international consumption.

It is registered with the Securities and Exchange Commission (SEC) as a domestic corporation based in San Juan City.

In a separate report on GMA News' "24 Oras," the Gutierrez camp was quoted as saying they have yet to receive a copy of the compliant and that they will respond once they have received it.

The case stemmed from a "matching process" on the VAT returns declared by Gutierrez in 2012, which showed the actor supposedly had underdeclared sales amounting to P39.9 million in 2012, according to the BIR.

The sales declared per tax return were only P311,111, the bureau said.

BIR investigators found that R Gutz failed to file its annual income tax return and 2nd to 4th quarterly VAT returns in 2012, the bureau said.

Such infractions supposedly violated the Tax Code, Sections 254 and 255, in relation to Sections 253 (d), 256 and 106 in relation to Section 114 of the National Internal Revenue Code of 1997.

"As a consequence of their acts and omissions, R GUTZ and its President Richard Gutierrez were assessed an estimated aggregate deficiency tax liability for taxable year 2012 in the total amount of P38.57 million, inclusive of surcharges and interests," the BIR said. — VDS, GMA News