ASSUMPTION COLLEGE
MILLERET SCHOOL OF BUSINESS AND MANAGEMENT FOR WOMEN SECOND SEMESTER S.Y. 2013 -2014
Charlotte R. Carandang November 16, 2012 International Business Prof. D. Sales
Bits and Pieces on Janet and Jaime Napoles Tax Evasion Case
The Bureau of Internal Revenue filed over P60-million tax evasion complaint against Janet Lim Napoles and husband Jaime with a complaint for willful attempt to evade or defeat tax for taxable years 2004, 2006, 2008, 2009, 2010, 2011 and 2012 under the National Internal Revenue Code (NIRC). According to National Internal Revenue Code Chapter II Section 254
 Attempt to Evade or Defeat Tax,
any person who willfully attempts in any manner to evade or defeat any tax imposed under this Code or the payment thereof shall, in addition to other penalties provided by law, upon conviction thereof, be punished by a fine not less than Thirty thousand (P30,000) but not more than One hundred thousand pesos (P100,000) and suffer imprisonment of not less than two (2) years but not more than four (4) years: Provided, That the conviction or acquittal obtained under this Section shall not be a bar to the filing of a civil suit for the collection of taxes. Janet Lim-
 Napoles’ tax liability
, according to BIR Commissioner Kim Henares,
amounted to P44.68 million while her husband’s was at P16.43 million. This figures were based on the BIR’s comparison of their decla
red net worth against real properties, motor vehicles,
insurance policies, and shares of stocks in various corporations registered under the couple’s
names. Janet Lim-
 Napoles’ total acquisition, as
also told by Henares, amounted to P4.17 million in 2004, P22.29 million in 2006, P4.35 million in 2008, P9.84 million in 2009, P6.33 million in 2010, P5.64 million in 2011, and P6.89 in 2012 but only declaring in her ITR (income tax returns) P195,800 in 2004, nothing in 2006, P107,044.59 in 2008, nothing again in 2009 and failing to file her ITR for the years 2010, 2011 and 2012. Her husband also did the same for 2004, 2006, 2008, 2010, 2011 and 2012 while declaring nothing in 2009. Wherein fact, Jaime
 
 Napoles’ total acquisition is worth P1.42 million in 2004, P5.
51 million in 2006, P0.78 million in 2008, P9.25 million in 2009, P2.1 million in 2010, P1.17 million in 2011 and P3.65 million in 2012. Therefore, aside from tax evasion, they can also be charged with deliberate failure to supply correct and accurate information in their ITR for 2009 where they declared nothing. As stated in the National Internal Revenue Code Chapter II Section 255.
 Failure to File  Return, Supply Correct and Accurate Information, Pay Tax Withhold and Remit Tax and Refund  Excess Taxes Withheld on Compensation
, any person required under this Code or by rules and regulations promulgated thereunder to pay any tax make a return, keep any record, or supply correct the accurate information, who willfully fails to pay such tax, make such return, keep such record, or supply correct and accurate information, or withhold or remit taxes withheld, or refund excess taxes withheld on compensation, at the time or times required by law or rules and regulations shall, in addition to other penalties provided by law, upon conviction thereof, be  punished by a fine of not less than Ten thousand pesos (P10,000) and suffer imprisonment of not less than one (1) year but not more than ten (10) years. Any person who attempts to make it appear for any reason that he or another has in fact filed a return or statement, or actually files a return or statement and subsequently withdraws the same return or statement after securing the official receiving seal or stamp of receipt of internal revenue office wherein the same was actually filed shall, upon conviction therefore, be punished  by a fine of not less than Ten thousand pesos (P10,000) but not more than Twenty thousand  pesos (P20,000) and suffer imprisonment of not less than one (1) year but not more than three (3) years.
Sources:
Bureau of Internal Revenue. (n.d.). Retrieved November 11, 2013, from http://www.bir.gov.ph/lumangweb/nirc/nir_tl10_ch02.html Sabillo, K. A., & Tupas, T. T. (2013, Septmeber 26). Retrieved November 11, 2013, from http://newsinfo.inquirer.net/495449/janet-napoles-husband-face-tax-evasion-raps#ixzz2kLsM9Otz
 
 
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