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  1. Join Date
    Nov 2006
    Posts
    49
    #41
    nbi lang katapat niyan. entrapment para kulong agad sila.

  2. Join Date
    Oct 2002
    Posts
    14,825
    #42
    justice at work...

    Caloocan treasury officer nabbed for bribery

    By SANDY ARANETA
    The Philippine Star

    Ombudsman Merceditas Gutierrez ordered Monday the filing of criminal charges against an officer of the Caloocan City Treasurer's Office who was caught in an entrapment operation receiving P2 million to reduce the tax liabilities of a businessman.

    In a 15-page resolution, Chief State Prosecutor Jovencito Zuño recommended that Teophanie Christy Sy, officer-in-charge of the real property tax division, be charged with direct bribery and violation of Republic Act 3019 or the anti-graft law.

    The case stemmed from a complaint filed by George Goquingco, president of Arayaland Manufacturing Corp., before the National Bureau of Investigation (NBI).

    Goquingco stated in his complaint that he received a notice from the Caloocan City Treasurer’s Office informing him of his company’s tax delinquency, amounting to P12.9 million from 1995 to the 3rd quarter of 2004.

    Goquingco’s lawyer and Sy held several meetings to settle the tax liability.

    On Aug. 4, 2005, in a meeting at a Caloocan restaurant, Sy told Goquingco that his total tax delinquency amounted to P15 million because Arcadia Manufacturing Corp., the former name of Arayaland, also has a property tax delinquency of P422,520.

    During that meeting, Sy allegedly offered a payment scheme in which Goquingco will pay P4 million cash with no receipt, and P7.7 million in seven quarterly installments of P1.1 million each, with official receipts (OR).

    When Goquingco objected, Sy allegedly offered an alternative payment scheme in which he would pay P2 million in cash without receipt, and the remaining P13 million covered by an OR.

    Sy and her husband, identified by the Office of the Ombudsman as Ariel San Juan Reutotar, were arrested in an ensuing entrapment operation conducted by the NBI on Aug. 16, 2005 at a restaurant in Quezon City. The case against her husband was dismissed.

    Sy denied the accusations against her, saying it was Goquingco, through his lawyer, who offered her a bribe that she refused.

    She said on Aug. 16, 2005, Goquingco told her he has a budget of around P2 million to P3 million to make a partial payment of his tax arrears and that he intends to pay the whole amount in full.

    Sy claimed she instructed Goquingco to make the payment at her office, but he allegedly refused because he experienced extortion attempts in Caloocan City.

    She said that "because of her eagerness and good faith to collect for the city government" she agreed to meet Goquingco at the restaurant since it was near the hospital where she was supposed to go.

    In his resolution, Zuño said "the foregoing actuations of Sy from the time she met the complainant created sufficient doubt which satisfies the existence of probable cause by which she could be charged for the crimes she allegedly committed."

    Gutierrez affirmed the DOJ’s resolution.

  3. Join Date
    Oct 2002
    Posts
    400
    #43
    So will Goquingco live happily ever after? Naka-timbre' na siguro yan sa mga kasamahan ni Sy sa BIR. They will forever hound Goquingco whether he pays the right taxes or not.

    Most of you have no idea how reptilian these BIR people are. Kahit na tama ang taxes na bayad mo as in say a property acquisition deal/transfer of title, they will delay issuance of clearance to register and insist on a re-assessment of taxes payable. That's the signal for you to negotiate on their "lagay". Kasi kung hindi mo sila bibigyan, ipit ang papeles mo.

    Yung mga bribes niyo ay di lang naman doon sa examiner napupunta. May mga monthly quotas yang mga yan. They remit a portion of the bribes that they receive to the "higher ups". And by higher ups, what is meant is that it goes all the way up to City Hall, the Provincial Capitol and to Malacanang.

  4. Join Date
    Sep 2003
    Posts
    25,039
    #44
    BIR legalize extortion/kickback practice...




  5. Join Date
    Sep 2003
    Posts
    25,039
    #45
    Dulay stops tax audits, repeals Henares rules on first day at BIR | Inquirer News

    Dulay stops tax audits, repeals Henares rules on first day at BIR


    SHARES: 3710 VIEW COMMENTS
    By: Ben O. de Vera
    *BenArnolddeVera
    Philippine Daily Inquirer
    06:40 PM July 1st, 2016

    New Bureau of Internal Revenue (BIR) chief Caesar R. Dulay has repealed all of the new rules that his predecessor Kim S. Jacinto-Henares issued last month as well as suspended ongoing audits on taxpayers.

    On Friday, his first day as commissioner of the BIR, Dulay issued Revenue Memorandum Circular No. 69-2016, under which “the effectivity of all revenue issuances issued within the period covering June 1-30, 2016, is hereby suspended until further notice.”

    Dulay said the suspension of the implementation of the rules issued during the month of June, which tax managers allege as “midnightissuances” of the feisty Henares, takes effect immediately.

    Among the controversial issuances issued by Henares last month include Revenue Memorandum Order (RMO) No. 24-2016 issued on June 8, which mandated possible audit or investigation of parties in transactions involving the assignment, sale or transfer of properties.

    According to the Tax Management Association of the Philippines (TMAP), RMO 24-2016 “promotes corruption” as it “gives the BIR examiners wide latitude of discretion in determining what would constitute necessary documents to be submitted, and determine capacity to acquire.”

    TMAP had also lamented that the RMO presumes taxpayers to have committed fraud, as well as was unreasonable, unfair and unjust to taxpayers.

    To address this concern, Dulay also on Friday issued RMO 38-2016, which revoked RMO 24-2016 and a subsequent amendment under RMO 25-2016.

    “After careful evaluation of the guidelines and procedure relative to the investigation of parties in transactions involving the transfer/assignment/sale of properties, RMOs 24-2016 and 25-2016 are hereby recalled pursuant to the power of the Commissioner under Sections 4 and 7 of the National Internal Revenue Code of 1997, as amended,” Dulay said.

    In this regard, Dulay said all transactions earlier affected by RMOs 24-2016 and 25-2016 would no longer have to be subjected to those rules.

    Also, Dulay recalled letters of authority, the official document that empowers revenue officers to examine and scrutinize taxpayers’ books in order to determine their correct tax liabilities.

    In Revenue Memorandum Circular No. 70-2016 issued also on Friday, Dulay said “all field audit and other field operations of the BIR relative to examinations and verifications of taxpayers’ books of accounts, records and other transactions are hereby ordered suspended until further notice.”

    “As such, no field audit, field operations, or any form of business visitation in execution of letters of authority/audit notices, letter notices, or mission orders should be conducted,” Dulay said.

    Also, “no written orders to audit and/or investigate taxpayers’ internal revenue tax liabilities shall be issued and/or served except in the following cases: investigation of cases prescribing on or before Oct. 31, 2016; processing and verification of estate tax returns, donor’s tax returns, capital gains tax returns and withholding tax returns on the sale of real properties or shares of stocks together with the documentary stamp tax returns related thereto; examination and/or verification of internal revenue tax liabilities of taxpayers retiring from business; audit of national government agencies, local government units and government-owned and controlled corporations including subsidiaries and affiliates; and other matters/concerns where deadlines have been imposed or under the orders of the Commissioner of Internal Revenue,” Dulay said.

    “However, service of assessment notices, warrants and seizure notices should still be effected. Also, taxpayers may voluntarily pay their known deficiency taxes without the need to secure authority from concerned revenue officials,” the BIR chief added.

    The new BIR commissioner hence also ordered an inventory of all outstanding letters of authority, audit notices and letter notices as of June 30, which he said must be submitted to him before the July 16 deadline./rga

  6. Join Date
    Feb 2008
    Posts
    12,655
    #46
    *Monseratto bro, are you referring to the previous memo by Henares or the recent ones by Dulay?

    Sent from my SM-N910C using Tapatalk

  7. Join Date
    Sep 2003
    Posts
    25,039
    #47
    The recall of Dulay regarding the letter of Authority. I wonder if this also affects thore pending "negotiations" on the bribe to get the clearance from the Regional District Officer.

  8. Join Date
    Feb 2008
    Posts
    12,655
    #48
    Quote Originally Posted by Monseratto View Post
    The recall of Dulay regarding the letter of Authority. I wonder if this also affects thore pending "negotiations" on the bribe to get the clearance from the Regional District Officer.
    I think it will. I have 2 pending LOAs. Not sure how to proceed now.

    Sent from my SM-N910C using Tapatalk

  9. Join Date
    Sep 2003
    Posts
    25,039
    #49
    My accountant said they are aware of this and have to study it. The BIR might be granting a tax amnesty of sorts but no guideline how to proceed.

  10. Join Date
    Jul 2015
    Posts
    9,584

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what will happen if you not agree with the offer from BIR people??