Why is the revenue deficit BIR not pursuing Erap backtaxes?

[4wrider]

Consider the following:

1. GMA's exercise of executive clemency does not cover possible tax evasion committed by Erap.

2. Erap was convicted and then admitted that he amassed almost a billion peso from jueteng.

3. Under the Philippine Tax Code tax is due even from income earned thru illegal means.

4. BIR is squeezing the juice of the lowly tiangge vendors just to meet its revenue target.

5. BIR can easily get over P 300 million from Erap who already admitted that he earned around P 1 billion of illegal income. Including, interest and penalties it can easily go over P 500 million.

So, what's stopping BIR from collecting the much needed revenue.

[shadow]

huh!?
he was convicted alright but never did he once admitted he committed those charges....in fact now that he was paroled he still maintained that he was innocent....

and isn't the sandigan bayan already doing that thru forfeitures of his different bank accounts in favor of the gov't but so far they haven't got any big amount...

they can't even forfeit his tanay property where he was detained for the last 6 years...

[4wrider]

His denial or claim of innocence is just for the consumption of his fans. Erap is truly a master of make of believe. However, the fact that he abandoned his appeal is an admission of guilt and his admission is one of the conditions for him to avail of the pardon.

The Sandigan bayan has no jurisdiction over the possible tax cases. First, because it has not been filed yet; second, is that the BIR is the only government agency which can initiate the tax case. It is an entirely different case with an entirely different legal ground.

Now, if the government cannot do its legal duty then the so called civil society should try to put some pressure on the government.

[wowiesy]

1. In a previous interview on ANC, at that time I think it was Pia Hontiveros ata yng host ng show, Erap admitted that indeed he got money. Only to give out a press release days after na iba daw ang ibig sabihin nya.

2. Tama yung point na taxes can be assessed both on legal and illegal sources of income. Mas masama pa nga kung sa illegal sources since walang allowable deductions.

3. Going after Erap for non payment of taxes will be a matter of political will - you will have your own opinion if this government has this political will or not.

Kailangan i-prove muna ng government na ang mga properties na ito ay kay Erap talaga. After proving that, they have to show that his income (or SALN) is not enough to cover for all these properties. From there these properties can declared ill gotten. After that the taxes.

Sa nangyayari ngayon, dyan pa lang sa pag forfeit ng assets ni Erap in payment for his civil liabilities eh pahirapan na. Puro posturing na. How do you expect this government to really be able to forfeit them?

Another angle on this:

Kung ako ay BIR employee, regardless of rank or service. I'll think twice on running after Erap for non payment of taxes, much more tax evasion. Cases here drag on for years... who knows, by 2010 baka grupo na naman ni Erap ang maupo... kung ako ang nag initiate ng kaso against Erap, sigurado i-a-assign ako sa Batanes o sa Basilan - any post where mahina ang dilhensya... bakit ko isusugal yng current post ko na lucrative ang under the table hatian?

[pup2]

1. In a previous interview on ANC, at that time I think it was Pia Hontiveros ata yng host ng show, Erap admitted that indeed he got money. Only to give out a press release days after na iba daw ang ibig sabihin nya.

2. Tama yung point na taxes can be assessed both on legal and illegal sources of income. Mas masama pa nga kung sa illegal sources since walang allowable deductions.

3. Going after Erap for non payment of taxes will be a matter of political will - you will have your own opinion if this government has this political will or not.

Kailangan i-prove muna ng government na ang mga properties na ito ay kay Erap talaga. After proving that, they have to show that his income (or SALN) is not enough to cover for all these properties. From there these properties can declared ill gotten. After that the taxes.

Sa nangyayari ngayon, dyan pa lang sa pag forfeit ng assets ni Erap in payment for his civil liabilities eh pahirapan na. Puro posturing na. How do you expect this government to really be able to forfeit them?

Another angle on this:

Kung ako ay BIR employee, regardless of rank or service. I'll think twice on running after Erap for non payment of taxes, much more tax evasion. Cases here drag on for years... who knows, by 2010 baka grupo na naman ni Erap ang maupo... kung ako ang nag initiate ng kaso against Erap, sigurado i-a-assign ako sa Batanes o sa Basilan - any post where mahina ang dilhensya... bakit ko isusugal yng current post ko na lucrative ang under the table hatian?

Yeah, yung nasa taas naman takot na sila naman ang pag-initan pag nagpalit na ng admin.

[4wrider]

Yeah, yung nasa taas naman takot na sila naman ang pag-initan pag nagpalit na ng admin.

That's exactly why BIR, despite it's crucial role in welfare of the state, is unable to collect the much needed revenues. It is too politicized. Almost all the key officials there have political backers.

It is also the reason why efforts to make BIR independent like the US IRS failed and never got up again. The politicians know that if BIR becomes insulated from political pressures the first and biggest victims of its powerful authority will be politicians abusing their clout to make their business bigger (mostly with government contracts).

With not enough tax revenues, there will be not enough highway and bridges, less education, less health benefits, more corruption, more sufferings for the people.