BIR files P9.26-M tax evasion raps vs. 12 heirs of Vinluan estate in Pangasinan

November 10, 2011 10:48 pm 

MANILA, Nov. 10 – The Bureau of Internal Revenue (BIR) on Thursday filed before the Department of Justice (DOJ) a P9.26-million tax evasion case against the 12 heirs of Gavino Vinluan of Pangasinan.

In a press conference, BIR Commissioner Kim Jacinto-Henares said that the bureau filed the criminal complaint against the heirs of Vinluan for two counts of tax evasion, one count of failure to file Capital Gains Tax (CGT) Return and one count of failure to file Documentary Stamp Tax (DST) Return, all in violation of Sections 254 and 255 of the National Internal Revenue Code (NIRC) of 1997.

Charged were the heirs, namely, Pilar V. Gonzales, Purita V. Canto, Federico Vinluan, Ramon R. Vinluan, Salvador Vinluan, Conchita V. Calvo, Hernando Vinluan, Gavino C. Vinluan, Heremias Vinluan, Socorro V. Gabionza, Israel Vinluan and Estrella V. Santiago.

Henares said that the Vinluans were also charged with one count of failure to file estate tax return in violation of Section 107 of the NIRC of 1939, otherwise known as the "Commonwealth Act 466", as amended, which was the law in effect at the time of the death of decedent Gavino Vinluan.

Also charged was Atty. Melvin C. Castro, in his capacity as deputy registrar of deeds of Lingayen, Pangasinan, for violating Section 258 (E) of the NIRC of 1997, as amended, for allowing the transfer of ownership of the subject parcels of land without a Certificate Authorizing Registration (CAR) from the BIR certifying that such transfer has been reported and that the CGT thereon has been paid.

Investigation showed that Gavino Vinluan died on Feb. 4, 1949.

Vinluan left behind 25 identified properties and landholdings.

However, no estate tax return was filed as a result of his death.

On Aug. 28, 2009, the heirs executed a "Deed of Extrajudicial Partition among Heirs with Sale" conveying two parcels of land in Barangay Bolo, Labrador, Pangasinan with an aggregate area of 358,966 square meters and covered by Tax Declaration Nos. 12726 and 12729.

No CGT and DST returns were also filed and no tax was paid on the said transaction and thus, no CAR of the said parcels of land was issued by the BIR.

However, Despite the non-payment of said taxes and the non-issuance of the CAR, Castro signed the annotation on the subject deed, which states that the subject deed has been registered in the Day Book for the Registration of Documents relative to Unregistered Land under entry No. 770903.

Castro even signed the said annotation while making it appear that the subject deed was included in the Day Book when in fact the said entry refers to a completely unrelated Barangay Certification dated Aug. 11, 2009.

The signature of Castro was used as a basis of the Office of the Provincial Assessor of Pangasinan in transferring subject properties through the issuance of new tax declarations in the name of the buyers.

Henares said that as a result of the said fraudulent scheme, the heirs of Gavino Vinluan were found liable to pay CGT and DST amounting to P7.40 million and P1.86 million, respectively, inclusive of surcharges and interests, or a total of P9.26 million. (PNA) RMA/PTR/utb

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