The Bureau of Internal Revenue (BIR) has filed a criminal complaint with the Department of Justice against R. Gutz Production Corporation and its president Richard Gutierrez for two alleged counts of willfull attempt to evade or defeat the payment of income tax and value added tax for the taxable year 2012, and for alleged failure to file income tax return and first, second and fourth quarter VAT returns also for 2012.
The case against respondents stemmed from a matching process conducted by the BIR on the information provided by third party sources against the respondents’ declarations based on VAT returns for taxable year 2012 that revealed an under-declaration of sales amounting to P39.604 million.
“The summary list [of purchases]submitted by the respondents’ clients disclosed sales of P39.915 million while sales declared by the respondents per tax returns filed was P311.111 million,” the BIR said in a statement.
Sought by The Manila Times for his reaction, the actor’s lawyer Marie Glen Abraham-Garduque stated: “Richard has not received any complaint from the BIR yet. He will answer at the proper forum as soon as he receives it.”
In reply to the request of the BIR for a Certified Schedule of Purchases to validate the information it gathered, GMA Network stated that its purchases from R. Gutz was P624,052.29 and P39,291,883.38.
Investigators also discovered that R Gutz failed to file its annual income tax return for taxable year 2012 as well as its second to fourth quarterly VAT returns for the same taxable year. The only return filed by R Gutz was its first quarterly VAT return for 2012.
The respondents were notified of the findings at least thrice on September 8, 2014, January 20, 2017, and on March 29, 2017 when the BIR sent a copy of the notice through LBC and registered mail to R Gutz using the company’s address at No. 41 Derby Street, White Plains, Katipunan, Quezon City.
“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, broken down into: IT [income tax]– P27.45 million; and VAT – P11.12 million,” the BIR said.
Based on documents from the Securities and Exchange Commission, R Gutz is engaged in the 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.
The case against R Gutz and Gutierrez is the 21st filed under the Run After Tax Evaders program of the BIR under the leadership of Commissioner Caesar Dulay.