Who is afraid of Dunkin’ Donuts?

7
Emeterio Sd. Perez

Emeterio Sd. Perez

IN her selective policy of running after alleged tax evaders to collect more money for the Aquino administration, Commissioner Kim Henares of the Bureau of Internal Revenue (BIR) busies herself issuing press releases.

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She finds it more convenient to expose through the media those who have failed to declare their true taxable income. In one of her recent exposés, she took pride in going after a small company that she claimed the BIR has yet to collect a deficiency tax of P1.84 million, inclusive of surcharges and interests for taxable year 2002, which would make the original assessment too small for the public to appreciate in view of her uncollected billions.

But then, nothing may be small for Henares to go after as long as she succeeds in collecting funds for this administration, and even going to the extent of subjecting her targets to trial by publicity. Ironically, while she mourns over a P1.84-million tax deficiency, she seems to fear Golden Donuts Inc. (GDI), which, as the corporate name suggests, sells donuts. In fairness to her and the Aquino administration, she and her boss have only inherited from the previous Arroyo administration the task of either forcing collection from or suing GDI for alleged deficiency tax of P1.51 billion for taxable year 2007.

The huge unpaid tax of GDI resulted from alleged under-declaration of revenues discovered by Othello Dalanon, a former BIR examiner. Dalanon has resigned apparently frustrated over Henares’s refusal to either enforce collection or charge the company not only for nonpayment of correct taxes but also for fraud for under-declaring its revenues in its 2007 income tax returns.

Why didn’t the BIR under the previous Arroyo administration go after GDI when Dalanon’s examination of the company’s books began in 2008? The same question should be addressed to Henares and President Benigno Simeon Cojuangco Aquino 3rd, whose “matuwid na daan” is not straight after all. How come Aquino, the president, and Henares, his chief tax collector, remain sitting on Dalanon’s findings of tax deficiency and fraud against GDI?

Incidentally, since Henares and her President do not have the answer, Due Diligencer could only provide the readers of The Manila Times bits of information about GDI as they trickle in. Recently, it obtained the general information sheet (GIS) for 2007 the company submitted to the Securities and Exchange Commission (SEC). GIS is only one of a number of filings the SEC required for submission by stock corporations.

Among others, it lists a company’s officers and stockholders and their individual holdings.

In 2007, the SEC filing shows GDI had 13 officers and directors. Among them were Leopoldo Prieto, chairman; Walter Spakowski, president; Marixi Prieto, secretary; Miguel Prieto, treasurer; and Pedro Paraiso, chief financial officer. It also listed eight other officers without specific designations, namely, Ma. Pilar Prieto-Lorenzo, John Spakowski, Leopoldo Prieto 3rd, Paolo Romeo Prieto, Stephen Young, Cezar Corcuera, Ernesto. Co and Jocelyn Santos.

GDI had 45 stockholders whose investments amounted to P130.357 million in 2007, according to the same GIS but identified only 20 including corporate stockholders such LLP Enterprises, P35.08 million, or 26.91 percent; Marilex Realty Corp., P18.70 million, or 14.35 percent; Spare Enterprises, P4.69 million, or 3.60 percent; PAMM Inc., P2.36 million, or 1.81 percent; and Metro Bakers Inc., P2.362 million, or 1.81 percent. It also listed RCBC Trust Account as owner of P7.805 million, or 5.99 percent. Since the GIS shows only 20 owners, it is presumed that the rest were hidden under “others” who at No. 21, held 78,659 GDI shares, or 6.03 percent.

The individual stockholders complete the list of GDI’s stockholders in 2007. They were John Spakowski 2nd, P16.729 million, or 12.83 percent; Walter Spakowski, P11.694 million, or 8.97 percent; Richard Young, P3.903 million, or 2.99 percent; Jacinto Jimenez, P2.907 million, or 2 percent; Lucia Spakowski, P1.738 million, or 1.33 percent; Ma. Pilar Prieto-Lorenzo, Ramon Prieto, Eduardo Prieto, Carlos Prieto, Ma. Consuelo Prieto-Guerrero, Ma. Ines Prieto-Borromeo and Ma. Cristina Prieto-Moraza, P1.509 million, or 1.16 percent each; Pedro Paraiso, P2.776 million, or 2.13 percent; and Robert Spakowski, P1.474 million, or 1.13 percent.

For the information of Henares, all of the corporate and individual stockholders, along with GDI’s officers, listed “GDI Building, Reliance corner Sheridan Streets, Mandaluyong City” as their “current residential address.” If in the past, either she could not find them, perhaps, the information here should serve as lead where to find P1.51-billion dough for the government’s coffer.

esdperez@gmail.com

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7 Comments

  1. This news article proves that Commissioner Henares singled out Congressman Emmanuel “Manny” Pacquiao, as she hastened collection proceedings on Manny’s tax liabilities but remained sitting on GDI’s unpaid tax deficit.

    BIR’s uncollected delinquent accounts topped P300 Billion in 2012 as published in various newspapers. Complaints for collection of some of these delinquents were already filed by Atty. Romel Curiba, Chief of BIR Legal Division (Department of Finance news, Dec. 10, 2013),

    GDI’s unpaid tax deficit pertains to year 2007, so it is a delinquent account. Why did BIR not enforce collection of it and sue the company for fraud for under-declaring its revenues in the income tax return?

    Per research, GDI is the Philippine Franchisee of Dunkin’ Donuts of America, Inc. (Dunkin’ Brands, Inc.).

  2. In his speech during the Induction ceremonies of the Philippine Institute of Certified Public Accountants (PICPA), Department of Finance Secretary Cesar V. Purisima called on CPAs to help government tax effots (Official Gazette, July 10, 2013).

    But of course, not only CPAs should help the government. It is every citizen’s duty to help the government and that includes the tax collectors themselves. But why did BIR Commissioner herself refuse to either collect the unpaid tax deficit of P1.5 Billion still due from “DUNKIN’ DONUTS” or sue the company for under-declaring its revenues in the income tax return?

  3. Quezon City Bureau of Internal Revenue Regional Director Jonas Amora said “we intend to vigorously pursue the collection of unpaid taxes and we will bring them to court if necessary” (Manila Bulletin, Dec. 10, 2013).

    Then collect the 2007 unpaid tax of P1.5 billion still due from GOLDEN DONUTS, INC., the local seller of DUNKIN’ DONUTS, and bring it to court for under-declaring its revenues in the income tax return.

    DUNKIN’ DONUTS’ local seller…a TAX EVADER?

  4. If senators like, Teofisto “TG” Guingona, Chairperson of the Senate Blue Ribbon Committee, Sonny Angara, Chairperson of Senate Committee on Ways and Means, and Francis “Chiz” Escudero, Chairperson of Senate Committee on Finance; and Congressman Romero “Miro” Quimbo, Chairperson of House Committee on Ways and Means, would learn about this article, perhaps, they would include the case of Golden Donuts, Inc. in the event their respective committee investigates the BIR on delinquent accounts.

    Golden Donuts, Inc.’s unpaid tax obligation pertains to year 2007, so, it is already a delinquent account.

    While BIR Commissioner Henares directs her personnel to exert all efforts in collecting taxes, she herself refuses to either collect the alleged huge tax deficit of P1.5 billion still due from Dunkin’ Donuts’ local seller, or charge the company for alleged fraud for under-declaring its revenues in the income tax return.

    Dunkin’ Donuts’ local seller, a TAX EVADER?

  5. BIR Chief Collector Henares is not sincere in her campaign against tax cheats.

    Baw gid PRESS RELEASE lang na ya!!!

  6. It seems an impossible task to sort this country out as it is so messed up. I wonder if 3 years of running this country like china is run could sort it out. Each case would be dealt with within 5 or 6 weeks & punnishments are extremly harsh. All these scum would be shaking in their boots but something has to be done as right now forget any shaking in boots as thats just through them laughing so much at the authorities inability to nail them. They have no fear as they know their money can protect them.