Ongsiako heir, Pasay City registrar of deeds rapped with P10.06-M tax evasion

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 P10.06-million tax evasion case against the heir of Oscar Ongsiako and the registrar of deeds of Pasay City.

In a press conference, BIR Commissioner Kim Jacinto-Henares said that they filed the criminal complaint against Juan Miguel V. Ongsiako for his participation in the sale and transfer of ownership of a parcel of land belonging to the estate of Oscar Ongsiako designed to evade the payment of the corresponding estate tax.

Henares said that Juan Miguel was charged with one count of willful attempt to evade or defeat payment of Estate Tax, one count of willful attempt to evade or defeat payment of Documentary Stamp Tax (DST) Return, and to pay tax, in violation of Sections 254 and 255 of the National Internal Revenue Code (NIRC) of 1997.

Juan Miguel was also charged with one count of willful attempt to evade or defeat payment of Capital Gains Tax (CGT) and one count of willful failure to file CGT Return, and to pay tax, all in violation of Sections 254 and 255 of the NIRC of 1997.

Juan Miguel is a Filipino citizen and a resident of No. 2292-2294 Magnolia St., Dasmarinas Village, Makati City.

He is the son and heir of Oscar and Nori Ongsiako.

Investigation showed that the subject land located in Roxas Blvd., Pasay City was sold by Nori to Juan Miguel on Oct. 25, 2005 purportedly with the conformity of Oscar who died in 1995.

Nori died in 2008.

Investigation also showed that the ownership of the subject land was eventually transferred to Juan Miguel by the Register of Deeds of Pasay City without any Certificate Authorizing Registration (CAR) being issued by the BIR which shows that the required CGT and DST returns had been filed and that the taxes due thereon had been paid.

The BIR concluded that the sale between Nori and Juan Miguel was part of a scheme to transfer the assets of Oscar to his heir Juan Miguel without the required estate tax return and paying the estate tax due thereon.

Likewise, the non-filing of the required CGT and DST returns, as well as the non-payment of the taxes due thereon, was part of the scheme of Nori and Juan Miguel to avoid the discovery of the death of Oscar and thus, ensure their impunity from the payment of estate tax.

Henares said that as a result of the said fraudulent scheme, Juan Miguel was found liable to pay estate tax, CGT and DST amounting to P3.65 million, P5.11 million and P1.3 million, respectively, inclusive of surcharges and interests, or a total of P10.06 million. (PNA) RMA/PTR/rsm

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