THE Bureau of Internal Revenue (BIR) has filed a criminal complaint before the Department of Justice (DOJ) against actor Richard Gutierrez for alleged falsification of public documents.
In a statement, the BIR said Gutierrez was facing “one count of knowingly using/submitting fake or falsified annual income tax return for taxable year 2012; and six counts of knowingly using/submitting fake or falsified quarterly value-added tax returns for the second, third and fourth quarters of taxable year 2012 on two occasions..|”
The BIR also filed a criminal complaint against the actor for two counts of “knowingly using/submitting perjured affidavits during the preliminary investigation of his defense tax evasion case; and four counts of attempting to make it appear the he or another has filed his annual income tax return for taxable year 2012 and his quarterly value-added tax returns for second, third and fourth quarter of taxable year 2012”.
Gutierrez is the President of R GUTZ Production, Inc., a domestic corporation registered with the Securities and Exchange Commission (SEC) at No. 53-C Annapolis Street, San Juan, Metro Manila engaged in the business of production, processing and marketing of telemovies, telesine, movies, recordings, television shows and other forms of entertainments, including events, sports, promotion of talents, movies, television and live shows for local and international consumption.
On April 21, 2017, a complaint for tax evasion with an estimated aggregate deficiency tax liability covering taxable year 2012 amounting to P38.57 million, inclusive of surcharges and interests, was filed by the BIR against Gutierrez and his company.
On July 18, 2017, Gutierrez submitted to the DOJ, a counter-affidavit relative to the said complaint.
Attached to the counter-affidavit were falsified Quarterly Value-Added Tax Returns for the 2nd, 3rd and 4th quarters for taxable year 2012 and Annual Income Tax Return for taxable year 2012.
The BIR said that the attached returns were “deceptively made” to appear to have been stamped received by Revenue District Office No. 42- San Juan City. Revenue District Office (RDO) No. 42 – San Juan City and the Document Processing Division of BIR Quezon City both certified that R Gutz Productions Corp. had no VAT Returns filed for the 2nd, 3rd and 4th Quarters for the Taxable Year 2012. Also alleged receiving officer Renato Agana denied having received the subject returns saying that the initials appearing on the returns were not his and were not even close.
Furthermore, the BIR said that after its examination of these documents, it appeared that they were forged and that the rubber stamp marks were not among those being used by RDO No. 42-San Juan City.
Gutierrez also used fake and falsified tax returns to secure the dismissal of the tax evasion case filed against R Gutz Production, Corporation.
He resorted to this scheme to evade payment of taxes/fees imposed by NIRC of 1997 thereby defrauding the Government of much need revenues, the BIR said.
Gutierrez committed the crime of falsification by private individuals and use of falsified documents. Likewise, he committed the crime of perjury in solemn affirmation when he knowingly used/submitted perjured affidavits during the preliminary investigation of his defense tax evasion case. Further, he attempted to make it appear, in support of his defense in the tax evasion case against him, that he or another has in fact filed an Annual Income Tax Return for taxable year 2012 and Quarterly Value-added Tax Returns for the 2nd, 3rd and 4th quarters of taxable year 2012 when in truth and in fact, no Annual Income Tax Return for taxable year 2012 and Quarterly Value-added Tax Returns for the 2nd, 3rd and 4th quarters of taxable year 2012 were ever filed, the BIR said. MAYVELIN U. CARABALLO