Why Lopezes not on BIR list of top taxpayers explained

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The Lopez brothers are reportedly wondering why they’re not on the list of the country’s top taxpayers.

Others are wondering why the few tycoons on the list pay less than the amounts that the Bureau of Internal Revenue (BIR) collects from celebrities.

Still others are asking why several tycoons are not on the list.

Sources within the Lopez group of companies on Tuesday pointed out that family patriarch Oscar Lopez and his brother Manuel had paid P37 million and P11 million in taxes, respectively, for 2011.

“This is a Catch-22 situation,” Revenue Commissioner Kim Henares said. “Some are complaining why we published the list [of top 500 individual income tax return filers] and some are complaining why they’re not there.”

BIR, Forbes lists

The public almost instinctively juxtaposes the annual list of the country’s top 500 individual tax return filers against the list of the country’s tycoons. (Forbes magazine’s annual billionaires’ list is usually released a month earlier).

“How come Kris Aquino paid more taxes than Henry Sy Sr.?” was the complaint over social media like Twitter and Facebook the past few days.

The show-biz personality was the country’s top individual taxpayer with P49.8 million in payments versus the country’s richest man who only ranked 15th on the same list with P16.5 million.

Income, assets

Indeed, the agitation felt by the public is all too common. And according to experts from both the BIR and the private sector, this is also often misguided and misinformed.

“You have to make a distinction between income and assets,” Henares said. “The tycoons on the Forbes list, for example, may hold the most assets but they don’t necessarily earn the most income. There’s a big difference.”

The annual list published by tax authorities as mandated by law, she said, is based on the taxes that individuals have to pay based on transactions—not the static level of assets a person owns.

Stock dividends

As such, President Aquino’s youngest sister who earns millions of pesos from her commercial product endorsements and TV shows may be earning more than a mall tycoon whose assets are in the form of shares of stock, Henares said. (Dividends from stocks are subject to a 20-percent final withholding tax and not subject to further levies.)

In the same vein, most of the country’s richest like those on the Forbes list are business owners whose stock holdings are subject to taxes on dividends instead of income taxes.

Employed by own firms

Those who are employed by their own firms as top officials, meanwhile, have their income taxes withheld on their behalf by the very firms they own.

“Only those who filed income tax returns (ITRs) will find themselves on the top 500 list,” the BIR chief pointed out. “If you did not file an ITR—if you had a ‘substituted filing’ where your company withheld income taxes for you and remitted it straight to the BIR, just like regular employees—it doesn’t matter how big your salary and tax payments are. You will not appear on the list.”

Henares’ explanation coincided with a flurry of complaints received by the tax bureau from people who found their names on the list (fearing that the disclosure would pose a security risk) and people who were upset at not being included (for fear of being perceived as tax dodgers).

Henares said  some top officials of large corporations who found their names on the list submitted “mixed filings” which incorporated taxes due from their regular employment with income from other nonemployment-related activities.

Conversely, the president of a large conglomerate who received purely what BIR calls “compensation income” for the year—taxes for which were withheld by the employing conglomerate—would not appear on the top 500 list either.

Army of tax lawyers

Speaking on condition of anonymity, the head of one large accounting firm told the Inquirer that the country’s ranks of billionaires also employ an army of tax lawyers and auditors to minimize their tax liabilities.

“There is a difference between tax avoidance and tax evasion,” he said. “The former is legal while the latter is not.”

Henares acknowledged this, but pointed out that the wealthy should not go overboard by “incorporating” even their personal expenses under separate companies just to minimize their tax liabilities.

“There are things you cannot do,” she said.

“You cannot book groceries for your household under a separate corporation, or the salaries of your helpers, or your mobile phone bills,” Henares said.

“And remember, being on our list of top taxpayers doesn’t exempt you from further investigation,” she said.

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  • im_earth

    san pa pede magreklamo bakit wla ako sa top 500 BIR Top tax payers? hahaha

  • Simplify1

    In as much as dividends are subjected to the 20% final tax, the BIR should add this to their individual income tax payments so the people can see how much these millionaires are really paying the government…For transparency, those final taxes should also be disclosed so everyone see a better picture of the income tax landscape of the millionaire tax payors….

    • Greg

      I agree. In Canada, when you file an ITR, you must include all sources of income…dividends etc. This way, there’s transparency and you can compute the nominal tax rate. The strange thing is…with 20% as the tax for dividends, those working on a salary might even have to pay more than those who get most of their earnings through dividends. In a sense, this might be unfair as the “rich” might be paying a lower rate that the middle class working in companies.

      • huseng_batute

        I think its a form of incentive to encourage people to invest their money in the stock market. Its not unfair because the stock market is open to the public.

      • Simplify1

        tama si huseng_batute. the purpose was so that to encourage capital fund building. In actuality, filipino stock investors pay more taxes than canadian stock investors. In the Philippines the dividends issued to stockholders are “after tax money”, meaning the corporation has already been taxed on its income. Then once the dividends are distributed to stockholders, they are levied another tax (final tax of 20%). In canada, although dividends are also after tax money, the investors are not double taxed (although reported in the ITR- line 120) in the sense that the CRA allows for a federal and provincial dividend tax credit as a deduction from the income tax.

    • wawa2172

      Agree ako. Dapat lang na ang tax witheld should be part of individual income taxes payments. And dito niyaning ni Kris ang buong bansa as top individual tax payer dahil tax witheld from endorsement at professional fees ni Krissy was surely part of taxes declared by her sa BIR. The publication of Kris tax payments is a deodorant to her stinking image on James and Bimby issue. Ngayon lang ito mang yayari, next year bababa na sa trono si Kris dahil she made the head line on tv and broad sheets. Iba talaga ang washing machine nang Cojuangco-Aquino family dinadaan sa pera ang pag lilinis nang image.

      • fuctore

        Galing ng timing noh? Na noticed ko din nga.
        Bilib na talaga ako sa kakayanan ng kute ni Krissy!

      • Simplify1

        wawa ka naman…hehehe

    • juan_luisjr

      fully agree ! The way the BIR listed and published the top 500 individual tax payers gave the impression that they tycoons are cheating on their taxes !

      • Simplify1

        At the same time, Kim Jacinto can’t be blamed for giving a misleading top tax payor list… her mandate is only to release the top “individual income tax payors”…it would be illegal for her to release information other than “individual income tax payments”…. Kaya my suggestion was sana our law makers enact an amendment to Kim’s information list to include all other taxes that individuals pay to the BIR (sama na dito yung mga capital gain taxes, final taxes on interest, dividends, etc)

    • http://kamandagan.blogspot.com JM Brosas

      If the dividend already subjected to tax is still subjected to income tax, that’s double taxation. If you are into stock investing at nagbenta ka ng shares, magbabayad ka na ng tax inclusive sa fee na babayaran mo bago mo makuha ang net proceeds. Tapos idedeclare mo pa sa ITR para kaltasan? Papayag ka? Remember guys, these tycoons are private citizens and need not to disclose total assets. They need not to show SALNs. Kaya maling tingnan ang ITR lang to see kung magkano ibinibigay ng isang tao sa gov’t. I now put trust to the current leadership of BIR to make sure everyone pays what is due. For sure may mga professionals na nag-tax avoidance din. Wag sabihing maliit sila compared sa tycoons. It’s not the amount but diligence.

      • patrickinca

        Because dividends from stocks are considered as income. Other countries got the same rule. That is not the definition of double taxation. Suerte tayo na walang tax kapag nagbenta tayo ng properties kasi sa ibang bansa ay may tax kapag nagbenta ka ng mga bagay bagay and even on your pension because those are all considered as income. I can be wrong baka mayroon ngang tax dapat mga iyun pero wala lang nagre-report.

      • http://kamandagan.blogspot.com JM Brosas

        Interesting. Siguro nga iba dito sa PH. I might be wrong. But the point nga din is hindi nakakagulat yung list ng BIR. Kris’ is purely compensation income vs. Tycoons’.

      • patrickinca

        Some tycoons had already mastered the art of hiding their money and disguising their incomes (this are politicians with businesses). But majority of them wants to be included among the list for bragging rights and it looks good in their portfolios. Tama ka Questionable itong list na ito. Ayoko na sanang isipin pa pero I am starting to suspect that they are grooming kris for politics para maayos ang SALN niya pagdating sa susunod na election. I wish I am wrong on this one.

      • Simplify1

        Sobra naman yang thinking mo..hehehe…you think that Kris is that DEVIOUS to pay millions of dollars just because she plans to run in 2016? Kris has been a consistent top 500 income tax payor and not only this year. How about the next 3 years before 2016? will she also dole out another 100 million more? If she is really that desperate to be president and DEVIOUS ENOUGH to use the family wealth, she could simply pay each mayor of the 20 top populated cities of the Philippines about 2.5 million each just to deliver the votes… mura pa

      • Simplify1

        exactly, hindi nakakagulat because the income of kris is purely employment, professional fees and talent fees which SHOULD ALL be reflected in the ITR, while the tycoons’ “income” are mostly dividends and capital gains for which taxes were already withheld at source and paid to the BIR… Having said this, I’m sure Kris has also capital gains and dividends that she earned during the year that she also did not include in her ITR… makes sense?

      • http://kamandagan.blogspot.com JM Brosas

        Yup. Kaya it would be very difficult to map out the total taxes a citizen pay. Kasi in reality people avail of tax avoidance which someone from the comments pointed out, legal. Pinapababa ang babayaran. Of course for me being employed, wala akong control kasi HR gumagawa niyan. Alangan namang kontsabahin ko sila, yari ako. Having said this, mukhang misleading din pala na gamiting batayan ng BIR ang ITR lang kasi it created so much buzz from the taxpayers. Isipin ko na lang na namomonitor ng BIR ang iba pang tax na binabayaran ng mga tycoon kasi as far as I know, Kim Henares is dead set on meeting the collection targets.

      • Simplify1

        tama… pero hindi rin misleading si kim jacinto kasi yung kanyang mandate was ONLY to report top INCOME TAX payors… it will be illegal for her to report a list of top tax payors including final taxes and capital gain taxes paid by payors….kulong siya oras na ginawa nya yun! KUNG TALAGANG GUSTO NG BAYAN MALAMAN KUNG SINO TALAGA ANG NAGBABAYAD NG PINAKA MALAKING BUWIS SA PINAS DAPAT GUMAWA NG BATAS NA AMENDMENT SA LIST NI KIM NA ISAMA SA TOTAL YUNG MGA IBANG TAXES NA BINAYAD DIN NG TAO

      • Simplify1

        Yes, you are wrong. When pinoys sell properties they are levied CAPITAL GAIN TAX of 6%, the buyer pays DOCUMENTARY STAMP TAX OF 1.5% AND TRANSFER FEES OF 1/2%. All these taxes are not reflected in the ITR and therefore not captured on the INCOME TAX TOP PAYORS….

        DIVIDENDS are subjected to 20% FINAL TAXES and withheld at source. This too is not reported anywhere in the ITR because the BIR already got these final taxes long before the prep of the ITR.

      • Simplify1

        You read wrong, I did not espouse a double taxation, I said, the final taxes ALREADY PAID by the payors be simply ADDED to the INDIVIDUAL INCOME TAX PAID, the purpose of which everyone could see how much ACTUAL TOTAL TAXES were paid by these billionaires…. WALAN KAKALTASIN KASI PANAY PAYMENT LANG NA TOTOTALIN PARA MALAMAN MAGKANO TALAGA BALE ANG NAIBAYAD SA GOBIERNO…

      • http://kamandagan.blogspot.com JM Brosas

        But that’s not how ITR works. Maybe you confuse ITR with SALNs. These are private citizens. Only BIR knows the total taxes paid but then that would require inter-department correspondence. I understand the need to know but you can’t just put it all in the ITR. Maybe ask accountant/tax lawyer friends then get back to me. I might be wrong.

      • Simplify1

        Remember, ITR means Income Tax Return – meaning ONLY INCOME TAX, hindi kasali dito ang FINAL TAXES, CAPITAL GAIN TAXES, ETC… Yung list ni henares talagang ITR lang hindi kasama ang mga iba pang taxes na binayad sa BIR… kaya yung mga pasaway sa blog na eto nag rereklamo bat hindi kasama ang mga tycoons kasi nga purely individual tax return payors lang ang sinama ni henares…

  • Albert Einstien

    ang mga TOTOONG top 500 taxpayer dapat nasa binondo lang…yung iba smuggler, druglord at gambling lord …umi-inom ng tea….kung me 30 bilyon na smuggling bakit wala jan yun mga smuggler……smuggling capital na kaya ang RP ngayon..umuunlad na tayo….ang dami na rin NAGUGUTOM AT NAGHIHIRAP, at ang dami na rin KRIMEN…thanks sa pag-UNLAD pnoy..ang galing galing mo po……di ba dapat mag-resign na po kayo…UMUNLAD ng husto ang rp sa kahirapan….lol

    KRIS clearly is NOT the top taxpayer…based on HENARES explanation…but why go to MEDIA and give the TITLE to KRIS as top taxpayer for ALL to see if she is NOT really the TOP taxpayer.. what is the purpose or REASON for such PROPAGANDA…. : > )

    HENARES said ” if you had a ‘substituted filing’ where your company withheld income taxes for you and remitted it straight to the BIR, just like regular employees—it doesn’t matter how big your salary and tax payments are. You will not appear on the list.”

    Dividends from stocks are subject to a 20-percent final withholding tax and not subject to further levies.

    BIR & DOF should have the COMPETENCE FIRST to TALLY final taxes, compensation income, business income & withheld taxes BEFORE they PUBLICLY come out with LIST of TOP TAXPAYERS……The LIST is IN-ACCURATE, BIAS & MISLEADING the PUBLIC…WHY ?

    • ernievictory

      gloria ,humirit ka na naman….

    • im_earth

      walang kwentang komento. lol
      bakit naging top 500 taxpayer ang mga smuggler. baka top 500 tax evader haha

      • Albert Einstien

        basa mabuti…read it million a times..for you to comprehend it….lol

      • im_earth

        salamat sa pag edit mo lol. good job

  • jorgii0550

    Lopez should also explain why GMA is paying a much bigger tax compared to ABS-CBN.

    • edwin525

      Go read their annual reports and financial statements and figure out. C’mon jorgii, these are all available to the public.

    • firmelilia_12LAF

      And yet the Lopezes claim their abs-cbn networks to be the biggest in this part of the world. One can only assume that GMA , paying a bigger tax means it commands bigger public viewership than ABS-CBN, or GMA is an honest taxpayer than ABS-CBN. Take your pick, taxpayers!

    • disqus_WIkXYUshrh

      Ibig sabihin niyan dapat mag-aral ng tax law ang GMA from ABS-CBN.

    • Fulpol

      yeah right..

    • Chrisnadal19

      GMA is earning more than ABS-CBN, you may be the biggest in terms of sales but you also have a lot of expenses, thus lower income. It all boils down to the financial statements, do check these out, as they are both publicly listed companies.

  • kulittwit

    This is the first time the the top 500 taxpayers nationwide and the top taxpayers per province were released and the public reaction is positive because it makes the people vigilant and aware of who are the tax evaders in their respective communities.

    Salute to Kim Henares. No wonder BIR collections keeps on increasing every year by more than 10%. Last year 2012, the BIR collected more than P 1 Trillion, for the first time ever, even without new taxes.

    Shame on the billionaires who are dishonest.

    For example, Kim Chiu paid more taxes compared with manny pacquiao and willie revillame. Mga mandaruguras pala!!

    • Milo Go

      This is what happens when there is honest leadership and salute again to Ms Henares for laying the foundation for good governance

      • juan_luisjr

        it is not always as simple as simply good governance. For salaried individuals or even individuals who report income based on talent fees etc.. it is easier to compute and file the income tax return i.e if you dont cheat. If you run a business whether as corp or single prop, the BIR officials will extort money from you even if you are paying the right taxes already or if you have nothing to pay because of net loses. How do they harass or extort from you ? By claiming that your entries are wrong or by claiming such and such BIR rules were not followed. Even if you hire an honest accountant, it is so hard to fight them simply because they are too many rules they can cite which you cannot follow. You just have to spend more by hiring an expensive tax lawyer which is ridiculous isnt it. Mahirap dito sa atin.

      • JOHN

        now huli ang mga di nagbayad ng totoo..thanks to ms henares and to kris….

    • Carol Lee

      Willie Revillame is not making as much as when he was in abs cbn. he has a lot of properties, but it is not inlcuded as income.

      • marionics

        serves him right. ang yabang kasi e he he

      • GustoKoHappyKa

        mahina kita sa channel 5 hahahaha

    • Johnny

      Can’t wait for freedom of information bill para malaman natin details ng expenses at mga projects ng mga politicians.

    • 2cents

      I believe this is not the first time that this kind of information is released. For prior years, BusinessWorld newspaper/magazine issues this info with no so much publicity like this one. BW also releases top 1000 companies based on asset and revenues.
      If some rich businessmen were not on the top, it’s BIR’s fault on how the process of presenting the information were provided to the public.

    • Fulpol

      alam ng PDI ang kabobohan ng Pilipino.. PDI, Aquino propagandist..

      • archerfan

        agree!!! well utang na loob kasi nila sa mga aquino ang kaluluwa nila. lalo na mga lopez!!

      • Carol Lee

        kaya malaki ang kita ni kris dahil sa mga endorsements.

    • Fulpol

      Manny Pacquiao’s tax payment is much much larger than what Kris Aquino paid… only that Manny pacquiao paid his taxes in the US… Manny Pacquiao is an OFW…

      • martin

        sorry but i beg to disagree. under public international law, you follow the nationality pricnciple, that means every citizen wherever he maybe, or wherever he earned his money shall pay taxes to the country of origin. So Pacquiao pays in the Philippines not in the States and not in dollars. He pays taxes in the States only for properties he bought in the States like his house in Los Angeles and etc but not income tax.

      • Usbaw Ka

        nationality principle…huh? info such as taxation are readily available thru google…pls try to utilize it…try searching doble taxation.
        Every citizen ? eh di kasama dito yung mga OFW. kailan mo nabalitaang nagbayad ng income tax ang mga OFW?

      • martin

        what i have said is the general rule, not the exception. ur right exempted ang OFWs to a certain extent, thats the exception. and btw, double taxation does not apply here, when u say double taxation that is taxation of the same subject by the same taxing authority and the same taxing period. and FYI, Pacquiao is not an OFW, so he is not exempted from taxation.

      • GustoKoHappyKa

        Oh Please …EVERY FILIPINO earning Abroad is an OFW…ano sya Alien????

      • martin

        toink! haha.. hindi po OFW si Pacquiao. Isa siyang professional boxer granted with a special permit visa as a professional known for his international expertise. hindi po working permit ang binibigay sa kanya that’s why he is not an OFW. FYI. not all Filipinos abroad are OFWs. Permanent residents or naturalized citizens (dual citizens) abroad maybe working and earning abroad pero hindi po sila OFW. Kung may relatives ka na Pinoy at American citizen na tanungin mo sila if OFW ang tawag sa kanila. Hindi po sila OFW. Wala pong alien, dahil nasa planet Earth tayo.

      • Simplify1

        hahahaha… you are making your own “public international law”! Kaya nga ayaw na ni manny lumaban sa states kasi malaki ang kaltas na tax sa kita nya!

      • martin

        No im not. Read art 2 sec 7 of the constitution if im not misstaken. I never said manny will not be taxed in the states. I said he will be taxed there and at the same time will be taxed here for his income because he is a filipino citizen. Under the nationality principle, all citizens 0f the country whether in the phils or abroad will be taxed by the country of origin. That explains why manny pays taxes in the states, source of his income, and in the phils, as a filipino citizen. Im not fighing, im just saying and sharing what i know so all of us will know. This is precisely the reason of these commentaries, to make ad share knowledge and educated opinions.

      • martin

        Im sorry its art 2 sec 2 of the 1987 consti. The phils adheres to the generally accepted principles of international law as part of the law of the land. Simply put international principles are consodered and adopted philippine laws hence the nationality principle which is a principle of intl law applies in the phils. I think thats clear im not making my own public international law.

      • Miguel

        Clarification. You said in your earlier post above that Pacquaio “pays taxes in the States ONLY for properties he bought in the States like his house in Los Angeles and etc but not income tax.” And yet here, you are concurring to Simplify1’s comment that Pacquiao indeed pays taxes to US for his earnings or income in his fights in the US. These are 2 Inconsistent statements. Ano ba talaga kuya???

      • martin

        sorry if ur confused but id gladly clarify. Pacquiao pays taxes both for his income in the States because the source is from there and it would depend on the state on how many percent he would pay plus properties he owns and he bought there and situated there. Moreover, he also pays for whatever income he has earned outside of the Philippines in the Philippines by virtue of his being a citizen of the Philippines and that is not double taxation. I hope everything is clear now. thanks for asking.

      • martin

        in addition to that, Pacquiao pays taxes in the states for every income he earns, not an annual income tax like in the Philippines, thats what I meant. Ex. if Pacquiao earned 20M dollars for a single fight, taxes will be deducted from that 20M dollars immediately by the State. In the Philippines, Pacquiao pays for an annual income tax, meaning all his earnings for the whole year and not just a single bout. i hope i made it clearer.

      • californiaflip

        Two things, tax treaty and corporate income. Because of a tax treaty with the US, all taxes witheld by the US gov’t on his winnings are credited to his Philippine income tax, like income on my Philippine investments are credited to my US income tax. Secondly Manny has learned to book his earnings through a corporation, so they don’t reflect in an individual ITR

    • GustoKoHappyKa

      Bobo!!! si Pacquiao hindi dito nag file ng tax…sa US kung san nya nakuha yung premyo….at kung I-tax pa sya ng pinas..double taxation na halos yon…kawawang pacquiao…

      • omangat

        bobo ka kasi hindi mo alam sinsabi mo.. hehe

      • GustoKoHappyKa

        mas boboka..

        Pacquiao’s earnings from his fights abroad should no longer be taxable since he has already paid for it with the Internal Revenue Service in the United States. That would be double taxation, he said.

        “Overseas Filipino workers’ earnings which are derived from working abroad are not subject to tax. I think the same principle should also apply to Pacquiao

      • omangat

        “si Pacquiao hindi dito nag file ng tax…sa US kung san nya nakuha yung premyo.”

        Last time I checked Paquiao is still a Filipino citizen and not U.S. citizen.

        Bobo ka talaga! hahaha!

      • GustoKoHappyKa

        tanga sa US bago mo makuha premyo mo KALTAS na yan ng IRS. so kahit Pinoy ka or Kano…hahabulin ka pa din ng IRS don…

      • omangat

        “si Pacquiao hindi dito nag file ng tax…sa US kung san nya nakuha yung premyo.” nagfile? bobo ka talaga hindi na kita papatulan.

      • pabulaka

        Hindi double taxation yon. Talagang dapat siyang magbayad ng tax doon sa bansa kung saan niya natanggap ang income at magbayad din siya ng tax sa sariling bansa. Kinokonsidera natin ang ibinayad niya sa abroad para sa tax na babayaran sa ating bansa.

      • huseng_batute

        Sabihin mo yan sa mga OFW na kumikita ng dolyar sa ibang bansa.

      • GustoKoHappyKa

        Pacquiao’s earnings from his fights abroad should no longer be taxable since he
        has already paid for it with the Internal Revenue Service in the United States.
        That would be double taxation.

        Overseas Filipino workers’
        earnings which are derived from working abroad are not subject to tax. I think
        the same principle should also apply to Pacquiao.

      • huseng_batute

        Exactly! Incentive yan para sa mga bagong bayani na nagpapasok ng dolyar sa ekonomya natin.

      • martin

        sorry but i beg to disagree. under public international law, you follow the nationality pricnciple, that means every citizen wherever he maybe, or wherever he earned his money shall pay taxes to the country of origin. So Pacquiao pays in the Philippines not in the States and not in dollars. He pays taxes in the States only for properties he bought in the States like his house in Los Angeles and etc but not income tax. sino ang bobo ngayon? read ur laws para naman malamn mo.

      • GustoKoHappyKa

        Eto lang naman ang pinag babasehan ko…Galing lang naman yan sa BIR… So I did read my laws stupid…

        Who are exempt from Income Tax?

        Overseas Filipino Worker, including overseas seaman

        An individual citizen of the Philippines who is working and deriving income from abroad as an overseas Filipino worker is taxable only on income from sources within the Philippines; provided, that a seaman who is a citizen of the Philippines and who receives compensation for services rendered abroad as a member of the complement of a vessel engaged exclusively in international trade will be treated as an overseas Filipino worker.

        Non-resident citizen who is:

        a) A citizen of the Philippines who establishes to the satisfaction of the Commissioner the fact of his physical presence abroad with a definite intention to reside therein

        b) A citizen of the Philippines who leaves the Philippines during the taxable year to reside abroad, either as an immigrant or for employment on a permanent basis

        c) A citizen of the Philippines who works and derives income from abroad and whose employment thereat requires him to be physically present abroad most of the time during the taxable year

        d) A citizen who has been previously considered as a non-resident citizen and who arrives in the Philippines at any time during the year to reside permanently in the Philippines will likewise be treated as a non-resident citizen during the taxable year in which he arrives in the Philippines, with respect to his income derived from sources abroad until the date of his arrival in the Philippines.

      • martin

        sorry if u find me stupid. unfortunately, ur understanding of the law is incorrect and ur misapplying it. Pacquiao is not an OFW so technically he does not apply with any of those you stated. And in consonance to what I have stated with respect to public international law, the 1987 constitution provides that principles of public international law shall automatically apply in the Philippines hence the nationality principle applies here clearly. I commend you for reading your laws but mere reading does not equate to understanding. So both read and understand your law so you will know.

      • Bordado

        kaw naman sir..google search lang yan then copy/paste ang sa kanya.lol!

      • blue_57

        That’s indirect double taxation…pwedeng pwede yan sa Philippine tax laws

      • robinhood

        If Manny Pacquiao for purposes of Philippine taxation is considered as Filipino resident citizen, then he must file his income tax return in the Philippines and is required to report his income earned within and outside the Philippines, his worldwide income is reportable and taxable in the Philippines. Howver, he may get a tax credit, if any, out of his income earned outside the Philippines. The winnings/prizes he earned in the US, if i’m not mistaken were subjected to an amusement tax which is a final tax.Meaning, whatever taxes he paid out of his winnings, that’s already final and will not be included in computing for his income tax, but he can disclose it in his ITR. Disclosure of passive income (winnings, dividends, interest income, etc.) which were already subjected to final tax is optional though.

    • rodben

      Kris Aquino is now ready for Prez in 2016 election….BIR Boss bawi ngayon …BOC kailan kya babawi? Just asking…magandang bawi ng BIR for the employees how about for the Porbes Big timers babawi rin kya si MAM?

    • Simplify1

      This is not the first time that the BIR released this report, BIR does this every year and Kris has consistently been included in the top 40 (fourty). I did a quick addition of all the taxes that Kris paid since 2008 up to 2011, she has already paid in excess of 170 Million pesos!! She has been in this list long before PNoy was president or BIR top boss…

  • Juan Delacruz

    public donation for their companies charity foundation/work is used as tax deduction. tha’ts not really a secret.

  • koolkid_inthehouse

    Those who made it to Fortune 500 list are not the top tax payers? Time to boycott their businesses if they can’t explain it. Owner of SM malls were not the top taxpayer, I wonder why you people still go there.

  • koolkid_inthehouse

    Those employed by their own firms are tax evaders. They should be audited by the BIR.

  • quirinomayer

    The accountants of these massive tax evaders should be investigated. These dishonest rich people could not cheat on their taxes without accountants facilitating the act.

  • anu12345

    “Only those who filed income tax returns (ITRs) will find themselves on
    the top 500 list,” the BIR chief pointed out. “If you did not file an
    ITR—if you had a ‘substituted filing’ where your company withheld income
    taxes for you and remitted it straight to the BIR, just like regular
    employees—it doesn’t matter how big your salary and tax payments are.
    You will not appear on the list.”

    Ganito ba ang flat rate taxation?

  • agaylaya

    I am confused. First, Henares came out with a list of income tax payers showing that Kris is the biggest tax payer giving the strong impression that she is the most honest rich person of them all and for which she earned tons of accolades. Next comes the explanation that tax paid for stock dividends and similar sources are not included. Which means that if these “other” taxes were included, then the list will show that Kris is not the biggest taxpayer after all thus erasing the first impression that she is honest than most. For Kris to pay her taxes honestly is indeed admirable but to make a media play out of it at the expense of others is misleading and plain propaganda. May asin pala yung mga unang press releases.. . .

    • speaksoftlylove

      Di lang asin. May kasama pang bagoong kaya nangangamoy.

    • dxdaistar

      this is propaganda in advance as Kris is planning to run for Vice President in 2016. Por dios por santo…Kris, please spare our country!

      • disqus_WIkXYUshrh

        Eh ano ngayon? Inggit ka naman? Talangka

      • dxdaistar

        bakit ako maiinggit? Ikaw ang tanga!

    • Simon Ward

      Agreed, except that BIR never implied Kris was honest. This was purely an inference by the public. It is, of course, a non-sequitur to conclude that the top tax payer is the most honest. Henares addresses this in her statement, “And remember, being on our list of top taxpayers doesn’t exempt you from further investigation.”

    • edpoeto

      This is premature campaigning. Kris will run as President remember.

      • disqus_WIkXYUshrh

        Ngayon presidente na? A week ago VP lang. Hmm another crab.

    • Akoangkonsensyamo_123

      damned if you do, damned if you don’t!

    • martin

      because the list is annual income tax payments not corporate or business taxpayments. there is a separate list for corporate and business taxpayments, smart paid the highest. read first before ka magcomment.

  • kevin

    I find out there is no dirty politician on the list?

  • Noel

    The Lopez family has no reason to complain. They’re protected by the Yellow government. The Lopezes should be reminded that their business empire was handed to them without any question by Cory after the 1986 Edsa Revolt. Before they went into exile in the US, they were in financial troubles owing even the government. The Marcos government bought them out to save the economy and country. When they returned, the Lopezes had zero debt courtesy of Aquino government.

    • dxdaistar

      is this right? no wonder!

      • Noel

        Yes. While in exile in the US, the Lopezes opened up a Filipino food distribution company called “Mexim” that was already bought by another businessman whom I happen to know personally.

    • http://www.facebook.com/yet.jua Yet Jua

      Source : Wikipedia (April 16,2013)

      Don Eñing (Eugenio Lopez Sr.)brought the Lopez family to the zenith of its wealth and business success, and saw it through its most trying and devastating times. Inheriting the family business –which was confined mainly to sugar–early in the last century, Don Eñing expanded into different fields, including publishing and land, water and air transport. From the ashes of World War II he rebuilt the family business, going into the budding broadcast industry and, in 1962, led the group of Filipino investors that acquired Manila Electric Company or Meralco, then the largest corporate entity in the country.

      From the end of the war on through the following decades, the growth of the Lopez empire seemed to have no boundaries. But 1972 and the declaration of martial law totally changed the family’s fortunes, as it changed the character of the business community and even the country.

      The family’s print and broadcast companies were forcibly shut down by the government, and their interest in Meralco and its subsidiaries was forcibly sold. Don Eñing escaped incarceration only because he was in Boston at the time to receive the coveted Harvard University Distinguished Service Award, given in recognition of “his accomplishments as business leader, communicator, and champion of sound management in Asia”.

      His eldest son Eugenio Lopez, Jr. or Geny was jailed on charges of conspiring to assassinate Ferdinand Marcos. This was carried out by Marcos in order for Don Ening, who was at that time was in exile in United States to sell his businesses to him, his family and relatives and to his cronies. At one time, Marcos would send an agent at San Francisco, California where the elder Lopez was living along with his daughter, Precy and her American husband, Steve Psinakis to convince him to relinquish ownership of his businesses in his home country in order for it to sell to his entourage with a promise that his eldest child, Geny would be released from jail. Don Ening, agreed, but his firstborn would remain in detention. As a result, he was double-crossed by the Marcos regime and his businesses are now completely in their hands. Soon, he was diagnosed with cancer and would remain in grave illness until he died on July 5, 1975.

      Now who should i believe ? You (Noel) , Marcos or Wikipedia.

      • catmanjohn

        Marcos is scum.

      • Alex Alvarez

        Try to read the history of ALTO BROADCASTING CORPORATION & MERALCO then start to judge from there……………

      • Noel

        What you quoted was from Wilkepedia which is not exactly accurate. Take note that after 1986 Edsa, many books, articles and materials against Marcos were written. Marcos’ ouster was due to a grand conspiracy that included US-CIA. Cory’s legitimacy was questionable so they must make sure that information should be favorable to the Aquinos. Take the Plaza Miranda bombing for example. It was blamed on Marcos for decades until no less than former Sen. Jovito Salongo ang retired Gen. Victor Corpuz admitted that it was not Marcos who masterminded the bombing but Joma Sison’s NPA. But was it played widely in the media? No. Cover up continued. Even Ninoy’s assassination was covered up despite the Aquino family knowing ever since that it was not Marcos but those who are still active in politics and business today.

    • huseng_batute

      Bagong info ito, ah! Please cite your source.

      • Noel

        What source do you need when I personally know the Lopezes. Nang tumakas sa Amerika, nagtayo ng isang kompanya na nagtitinda ng pagkain Pilipino sa may Hayward, California. Pagkatapos ng 1986 Edsa bago bumalik sa Manila, ibinenta ang kompanya sa kaibigan ko.

    • juan_luisjr

      are u sure ? people in general believed their businesses were confiscated by marcos during martial law and they got nothing.

      • Noel

        True, many businesses were confiscated by Marcos for one reason or another. But in the case of the Lopezes, the elder Nanding Lopez was Marcos’ Vice President. When Meralco ang other Lopez owned companies suffered financially, Lopez asked for Marcos help. The Lopez companies were in deep trouble that the best option was for the government to take over. That began the fight between Marcos and the Lopezes.

  • Jose Guevarra

    I only have great admiration for Commisioner Kim Henares at this point. Kudos to you and your team, Madam!

  • B3ntong

    Mahina kapit n’yo. No cheap publicity 4 you!

  • $26149191

    Chinese are doctored their income tax returns. They’re clever to do that always. It is in their genes to Cheat.

    • juan_luisjr

      when it comes to cheating on taxes, all races are tempted or face temptations !

    • ramaries

      its not only the chinese……its everybody if given the chance to cheat are most likely to cheat….whether chinese, filipino or other nationalities, when in the philippines.

  • speaksoftlylove

    Di lang mga lopezes ang wala sa listahan ni Henares. Pati yong mga milyonaryong filipino chinese na nakalista sa Forbes magazines ay wala din. Either exempted from taxation ang mga yon or tax evader and Henares just turned a blind eye on them.

    • huseng_batute

      Have you read the article? She clearly made the distinction between asset and income. Forbes list is based on assets, while BIR’s is based on income.

  • farmerpo

    Tanong lang po kasama ba ang Binay sa list of top taxpayers o assets nya e non performing?
    Dividends are income, taxes levied is income tax also. KISS..
    Billionaires are billionaires because their assets performs, otherwise, such assets will be junked. Proceeds from such is income.

    Please don’t confuse us who are already confused. Tax avoidance is legalese for tax evasion, technically…chow.

    • nestleraisinets

      iba naman kasi ung kay binay nakaw yaman kaya may tax shield ung mga income nya, hindi pde ideclare…

      • fuctore

        Hahaha! agree!

      • regd

        EXACTOMUNDO!

      • Yxon

        kung illegally accumulated wealth, hindi yan recorded. ha ha ha

      • Odnalor Larguia

        ang galing….

    • disqus_WIkXYUshrh

      Income from corruptions are normally TAX FREE because it is always a hidden deal and money are normally used to buy assets in the form of jewelries and real estates TCTs which are normally kept in their house private vaults or bank private safety deposit boxes.

  • LAMBFORGOVERNOR

    Tax laws written by the wealthy and corrupt always benefited them over the average working man. They do not have to cheat when the tax laws are written by them and for them. That is why the wealthy aren’t on this list. They pay less taxes than you do even though they are billionaires.

  • joe__bloggs

    This from the BBC :

    “Starbucks, for example, had sales of £400m in the UK last year, but paid NO
    corporation tax. It transferred some money to a Dutch sister company in royalty
    payments, bought coffee beans from Switzerland and paid high interest rates to
    borrow from other parts of the business.”
    The next for the BIR to publish must be top corporate taxpayers.
    I wonder, though, how much in tax Starbucks paid last year and each year before that?

  • joe__bloggs

    From the same BBC News:

    “Amazon, which had sales in the UK of £3.35bn in 2011, only reported a “tax
    expense” of £1.8m.”
    …………………………………………………………………………
    Happens in highly developed countries, what more in developing countries?

  • mike8232

    Kris is paying the highest tax because we the Filipino people have to endure her shenanigans

  • wawa2172

    Kris will do a Manny Pacquio next year. Her income tax will fall surely and explain that she is already out of the showbiz. Manny paid almost 100 M during the time he earned the top ranking but was investigated and harassed when he failed to give the same amount during the next tax payments. The Pacman is no loger in the list of top tax payers bakit kaya Kim? Kris was declared as top individual tax payer dahil sa sama nang image niya dahil sa marital crises niya with James Yap. The PNoy admin and the Cojuangco-Aquino have to deodorized her image thus the tax top payer title. Still, thanks that he pays her taxes but still she still is an embarrassment with all the drama she did on the national tv with her sisters on James Yap and Bimby issue. Hindi makukuha ni Kris ang lahat sa pera. Kim Henares is covering for the Taipans again, mentioning about assets, share of stocks and witheld income taxes difference with individual income taxes. Its a bull dahil ganun nila hinabol si Manny Pacquiao. The endorsement and professional fees of Kris are automatically tax witheld and that’s what the BIR presented to public. The BIR is tolerating the tax avoidance of the Taipans by itsi reasoning on assets, share of stocks, tax witheld among others. The taipans and other rich people were avoiding taxes payments and maliwanag pa sa sikat nang araw Kim.

  • klepto

    The government is clearly trying hard to collect as much money as possible so that after the elections, money is ready for them to steal and to recover back their expenses in vote buying.

  • http://www.facebook.com/people/Cali-To/100001548147821 Cali To

    carzy reasoning about tycoons owning lots of assets against what they are earning for basis of taxation.
    in the first place, how can you have so many assets without you earning enough to purchase this assets?
    Henry Sy was a migrant who came here with nothing, now he owns vast empires yet his taxes is smaller than an actress? Doesn’t that show the discrepancy BIR gives to corporate and individual tax payers?

    • http://kamandagan.blogspot.com JM Brosas

      That’s possible. Assets in a form of stocks are not liquid. Kapag na-liquidate, they buy again stocks. Kapag tycoon ka na, yung naging capital mo noong nagsisimula ka pa lang pale by comparison sa net worth mo ngaun. Money is working for them. If you read biz books you’ll get this. The point is, the idea is not crazy.

  • http://www.facebook.com/people/Cali-To/100001548147821 Cali To

    when your income is withold by your office, you also file an ITR isn’t it???

  • Benigno the Turd

    Having inadvertently put the Lopezes in a bad light to promote KrisSTD’s political ambitions, Henares is now doing PR damage control. Can’t have them angry because ABS CBN has to maintain its facade. Specially during elections, when media is critical in preserving the Aquino delusion.

  • tagasugod

    Corporate tax is different from individual tax, yes I agree. But to watch their their companies grow as CEO, COO and Chairman of the board they receive compensation from their own companies,hence their individual income. Dividends paid to them as directors and owners are private income not corporate income and so are subject to tax. How much is being paid to these owners/CEO’s, we don’t know because they are the ones employing themselves and can declare any amount as compensation. That is business, that’s why they are rich. Rich are smarter than others.

  • Exo

    Where is Manny Pacquiao? He earned billions of pesos from his fights.

    • Milesaway

      Paquiao is like OFW since ang kita namin galing sa ibang bansa are not taxation.. simple as that…

    • regd

      He’s earning billions by just sleeping.

    • http://www.facebook.com/mij.onaerual Mij Onaerual

      Manny Pacquiao’s billions earned from boxing (purse) cannot be subject to tax anymore. Why??? because it is already been subjected to tax in the U.S. just in case it will be subjected to tax here in the Phil. then that’s double taxation already.

  • pedro Bato

    Mabuhay ka KIM HENARES !! Keep up the good work! Investigate all those tax evaders!!

  • TinimbangNgunitKulang

    What does it profit a man if he gains the whole world but suffers the loss of his soul. Ano kaya ang naghihintay sa mga nandadaya pa rin kahit na marami ng pera?

  • BatangSingapore

    kapag bilangan ng yaman intsik lahat ang nasa listahan, kapag bilangan ng tax nawawala ang intsik sa listahan hahahhahaha. sa makatuwid ang mga intsik ay magnanakaw. taena nyo mga intsik mandarambong at magnanakaw ang lahi nyo.

  • Albert Einstien

    KRIS clearly is NOT the top taxpayer…based on HENARES explanation…but why go to MEDIA and give the TITLE to KRIS as top taxpayer for ALL to see if she is NOT really the TOP taxpayer.. what is the purpose or REASON for such PROPAGANDA…. : > )

    HENARES said ” if you had a ‘substituted filing’ where your company withheld income taxes for you and remitted it straight to the BIR, just like regular employees—it doesn’t matter how big your salary and tax payments are. You will not appear on the list.”

    Dividends from stocks are subject to a 20-percent final withholding tax and not subject to further levies.

    BIR & DOF should have the COMPETENCE FIRST to TALLY final taxes, compensation income, business income & withheld taxes BEFORE they PUBLICLY come out with LIST of TOP TAXPAYERS……The LIST is IN-ACCURATE, BIAS, & MISLEADING the PUBLIC…WHY ?

    • 80baudot95

      bro read “top individual taxpayer” kasi nga may “corporate tax payers”. ang mga may ari ng kumpanya kung tumatangap ng sahod ay kailangang mag bayad ng individual tax returns nila bukod sa mga corporation nila. gets mo?

      • Albert Einstien

        yun na nga…!

        HENARES said ” if you had a ‘substituted filing’ where your company
        withheld income taxes for you and remitted it straight to the BIR, just
        like regular employees—it doesn’t matter how big your salary and tax
        payments are. You will not appear on the list.”

        Dividends from stocks are subject to a 20-percent final withholding tax and not subject to further levies., capital gains tax…ALL income SUBJECT to FINAL TAX…hindi ba kasama DaPaT sa tally ng PAGBAYAD ng BUWIS ng INDIVIDUAL..naintindihan mo po ba ibig SABIHIN ng TOP INDIVIDUAL TAXPAYER…lahat ng tax na binayaran dapat KASAMa para ACCURATE sabihin AT madetermine talaga yung TOP individual……..bro

        iba pa yun taxes sa percentage tax, VAT paid, DST, DONORS,ESTATE at lahat ng klaseng tax..na binayaran ng isang INDIVIDUAL dapat ITALLY muna…bago magLABAS ng TOP INDIVIDUAL TAXPAYER…bro

  • http://www.facebook.com/khan.tan.7 Khan Tan

    Internet warriors expect top corporate taxpayers to become top individual taxpayers.
    Businessmen are expected to pay personal income tax after paying taxes on their business.

  • firmelilia_12LAF

    I salute Kim Henares for topping the tuwid na daan officials of PNoy’s good governance in so far as no-nonsense tax collection is concerned. Wow, Ma’am, you should stay in your BIR seat even beyond PNoy’s term. More power! God bless!

  • Benigno the Turd

    Ever heard of SUBSTITUTE FILING where it is WITHHELD AT SOURCE?

    • juan_luisjr

      i believe that if you are employed and have only 1 source of income which is your salary, your need not file an income tax . Your company should however give you a BIR 2316 form which specifies your gross income and the tax withheld by them at source. Your company should also be giving the BIR an alpha list every year that contains the taxes they withheld from all their employees of course kasama ka dyan. This is the substitute filing. HOWEVER, if in addition to your salary in this company, you have other sources of income subject to income tax, you now have to file an income tax that combines all of your incomes and you need to find out how much more you should pay.

  • Cerise David

    This means that this list does not include employees whose BIR taxes are filed by their companies. This also does not include taxes from other sources of income such as stock dividends. Why the heck don’t they make one inclusive of everything?

  • juan_luisjr

    I only have 1 request to the BIR. For simple earners like me and many more, please make the requirements of filing simple. As I understand, there is a move and I think this will be mandatory next year that even interest earned from bank savings should be declared in the income tax return for next year filling. This is a bit too much I believe.

  • rudy_boy

    “The head of one large accounting firm told the Inquirer
    that the country’s ranks of billionaires also employ an army of tax lawyers and
    auditors to minimize their tax liabilities. “

    PRECISELY, PLUS A RETAINERS FEE…..TO WHOM, CHECK YOUR BIR COLLEAGUE KIM. FROM RANK-IN-FILE TO COMMISSIONERS, BUSINESS FINANCIAL CAPABILITIES ARE PROPORTIONALLY ALLOCATED TO CORRESPONDING BIR PERSONNEL THAT HANDLE THE BUSINESS.

    UNDENIABLY, BOC, BID…AND BIR ARE THE TOP GOVERNMENT AGENCIES
    THAT SHOULD BE REFORMED (OR BETTER ABOLISH) BY CONGRESS/AQUINO GOVERNMENT.

    BTW, PUBLISH THE 500 TOP CORPORATION TOO.

  • yumcha08

    Wow! 49M tax return more than the Lopez brothers combined…wow, wow! That’s mah girl!
    Forget the VP. It’s Kris Aquino for President !
    She may have her negatives( who does not) but like the esteemed mother before her or like her achieving bachelor bro – hinde Ito magnanakaw!

  • Vm

    this is what kim should do – focus on the guilty, specially the super rich guilty. Dont troll and harass ALL, specially the middle class. Some are tax dodgers yes but that does not condone dirty tactics like sending threatening letters to ALL professionals or businesses in an area accusing them (letter was xeroxed so same for everybody) of improper filing and “suggesting” that paying a small fine will prevent a tax audit

  • azkal futbol

    yung mga bonuses ba ay subject then sa tax? if it is, can we check now kung nag-declare yung mga senators na nilagayan ni enrile nung december?

  • edpoeto

    Still, I am not convinced, since the BIR wanted the peopleto know the highest taxpayers, why not create categories based on who filed an ITR and those who are under substituted filing, tax paid based on personel, corporate etc.

  • Braincleaner

    Kris Aquino is being projected not only as popular show biz icon but a financially capable candidate for a high position in government in the next elections. The Lopez and the Cojuangco clans never runs out of political animal to ensure elite rules in this country!

  • tarikan

    “….the head of one large accounting firm told the Inquirer that the country’s ranks of billionaires also employ an army of tax lawyers and auditors to minimize their tax liabilities”. Okay, the BIR’s brightest would be pitted against these army of corporate tax lawyers and auditors. Now, if the BIR’s big guns won shall we jail this army? Isn’t it time that the PH govt. enact a law (if there wasn’t one yet) to also include these corporate tax lawyers and auditors as responsible for filing an erroneous ITR? We need to scare the h.e–ll out of these tax cheat advisers so they’d toe the line.

  • 12JEM

    Mr. President, gawing URGENT TOP PRIORITY sa next Congress ang FOI Bill at gawing LAW asap.

  • tarikan

    Where is Gene Lopez III (the ABS-CBN top honcho?) in this issue? I think he is lying low because of breaking (actually leaks from WikiLeaks) news that he was involved in a rape incident (there were seven of them scion of prominent personalities which also include a Romulo) during the early years of martial law. It was featured in CdQ’s PDI column of April 16th issue. Make your own conclusion on why the rape case did not prosper. It is very easy.

  • apojay

    Maski anong palusot pa ang gawin, mahirap isipin na ang may-ari ng napakaraaming malalaking shopping mall, ay mas maliit ang kinikita kaysa isang artista

  • Guest

    Erap is not on the list of the country’s top taxpayers. Di kaya dinoktor
    niya ang kanyang tax?

  • lintangbedol

    kung maliit lang ang kinita ng mga tycoon, bakit lala silang yumaman bawat taon?

    • john_constantine

      Iba po ang asset sa income baka “assets” ng mga mayayaman ang iniisip niyo.

  • http://kamandagan.blogspot.com JM Brosas

    Remember guys these tycoons are private citizens just like us. Mas mayaman nga lang sila. They need not show SALNs. Ang ITR nila shows their personal income meaning yung sahod nila from their own company. Posibleng chairman sila o CEO o president o VP o board member ng ibang company. Ang sweldo nila dun ang masasama sa ITR. Ang dividends ay hindi na kasi may witholding tax. Kung isasama pa nila yun, that’s double taxation. Bakit ba yung iba gusto pang malaman yun? Di naman sila makakatakas sa pagbabayad ng witholding tax dahil automatic yun just like sa mga bank deposits natin na wala tayong magagawa dahil buwan-buwan ay nakakaltas. Kapag nagbenta ka ng ari-arian, may capital gain tax. Papayag ka ba na isama mo pa sa ITR yun? Dalawang beses kang nakaltasan? Kung naginvest ka sa stock market, pag negbenta ka ng shares kakaltasan yun ng tax as part ng fees na ibabawas bago ang net proceeds mo. Ilalagay mo pa ba sa ITR para kaltasan? Akala ata ng iba ang ITR ay SALN. Kapag private citizen ka may karapatan kang hindi ihayag ang kabuuang asset mo. I just put faith in the current leadership of BIR na siguruhing tama ang lahat ng ITRs at ibang koleksyon ng buwis. Kung makapako naman ang iba sa krus. Chill lang. Bayad bayad din ng tax pag may time.

    • john_constantine

      Tama ka bro. Kung makareact kasi mga tao e, hindi man lang magresearch muna bago magdakdak.

  • disqus_WIkXYUshrh

    Regardless of what other say about BIR publishing top tax payers, the bottom line is, it is good for tax payment awareness.

    Positive effect is it encourage others to pay taxes.

  • http://kamandagan.blogspot.com JM Brosas

    Siguro ang may mali dito eh media. Naglabas lang naman ng list ang BIR based from those who filed their ITR tapos kung ano-anong headline ang nilagay. Dapat naglalagay ng infographics o explanation ang mga yan. Alam naman nilang maselan ang Pinoy sa pagbabayad ng buwis tapos misleading ang news article na parang lumalabas naiisan tayo ng mga mayayaman. Di kasalanan ng ibang nag-violent reaction na ganito pala yan, at ganito. Sa sobrang salimuot ng taxation siyempre malilito.

  • tyopaeng

    Kris Aquino earning more than Henry Sy?
    is this a joke?

    • 4UBabe81

      naku tang may tama rin naman sa ilang report ng media. tama po yan kay ate kris. kasi tang ang basis po tang ay ang tinatawag na declared income. yong iba po tang mahiyain at ayaw nilang malaman ng mga nakararami na sobrang laki ng sahod nila kaya secret po tang.

  • ingbilat

    “we don’t pay taxes. only the little (read: middle class, working class) people pay taxes”! _ _ Leona Helmsley (Hotelier & Icon of the 80’s)

  • Fulpol

    how much is the salary of Henry Sy? how much is the salary of Manny Pangilinan?

    dividend is not income tax… selling your share of stocks is not income tax… but those are taxable..

    but their companies paid the highest corporate taxes… if Henry Sy owned 80 percent of the SM Holdings, and if this company paid billions of taxes annually, this means Henry Sy the major owner paid most of the taxes…

    ang binayaran na tax ni Kris Aquino ay butil laang… PDI talaga, Aquino propagandist..

  • akoombulator

    pagkayabang yabang pataasan ng ihi pagdating sa tax declaration mga bahag ang buntot!

    • 4UBabe81

      naku igan hindi naman sa pataasan ng ihi o di kaya ay kayabangan ang mga tax declaration na yan. mayroon akong kaibigan na kasama rin sa trabaho na ang kanyang binayarang tax ay nasa P350,000 plus plus igan. biro mo P27,000 per month equivalent na sahod na yan at kasama pa doon ang thirteen month pay. Tax palang iyan igan. otherwise nasa mga P29K/month na sahod kung 12-month pay lang. eh ang kaibigan ko salesman lang sa aming kumpanya. alam mo yong CEO namin ang chimis ang sahod daw niya ay . . . . naku wag na nga at baka hindi ka maniwala at sabihin mo nagyayabang lang ako kahit na sa totoo lang ay kaiuman ko pa ang CEO namin . . . kaya pala palagi libre ang san mig lites naming lahat may pulutan pa at take home!

  • pinoynga

    TAX avoidance, if I may just borrow from the CPAs, is a Generally Accepted Accounting Principle (GAAP). So in all seriousness, those who are used to paying TAXES in the range starting from say, P200,000 and above are fully aware of this. It is a common practice in the biggest of corporations, here and abroad, that executives do not receive all their salaries inclusively in their basic pay. A portion of salaries are given as allowances and subject to liquidation through expense receipts, hence TAX avoidance. That’s why people like Hans Sy, Lance Gokongwei, Arthur Ty, Gabby Lopez, Enrique Razon, Manny Pangilinan, Bobby Ongpin, Tony Boy Conjuangco, or even Jaime Zobel de Ayala may choose to just take P1.00 as salary for the record, and they wouldn’t really mind not being in the TOP TAX payers list. Steve Jobs only accepted a pittance from his company APPLE Computers as his pay. We who are salaried employees of big corporations also in a way are entitled (depending on one’s position in the organization, usually senior managers and up) to such TAX avoidance schemes, aren’t we? Kaya nga some, according to rank and position, are given as an example only: transportation allowance (P1.0M/mo.), driver’s allowance (P0.5M/mo), gasoline allowance (P5.0M/mo), rice allowance (P100K/mo), representation allowance so we can teat our favorite customs commissioners (P15.0M/mo), etc. Marami nga na mga “binata” eh “head of the family daw” para malaki deductions, konti. Aminin!

    • wysiwyg81

      bro ang daming komento dito pero hindi pala nakakaintindi ng basic accounting at taxation ngunit college graduate daw sila? paki paliwanag ulit ang tax avoidance, one more time!

      • 4UBabe81

        bro absent lang naman sila sa subject nilang taxation. nasa bilyaran kc!

    • Timbuktu & Kiribati

      eh ano naman ang mga senador, congressmen, governors, at mayors, tax evasion ba sila? as in O.O% tax may refundi pa?

      • juan_luisjr

        there is a limit to extending allowances to avoid taxes. Yung mga binanggit ni pinoynga na mga allowances ay may mga hanggan. In manufacturing companies for example, the total representation expenses or allowances is limited only to 0.5% ( 1/2 of 1% ) of total net vat sales . If a company exceeds that, may tax na ang excess expenses mo. Now this is where we have a problem, the allowances of senators and congressmen are supposed to be subjected to limits also but the point is , the BIR is not running after them. Double standard ang tawag ko diyan . It is so unfair. Mga tax evaders na sila pero pinapabayaan sila. Matapang si Kim Henares at mga BIR sa mga maliit na tao at sa mga corporations pero pagdating sa mga politiko, hand offs off sila.. There are still many evaders and loop holes to solve in order to be fair to the juan de la cruzes.

      • boldyak

        senators, congressmen, governors at mayors are not taxpayers, they pocket your taxes….bwahahaha

    • juan_luisjr

      there is a limit to extending allowances to avoid taxes. These limits were defined by the 1997 comprehensive tax reform program whose author is senator JPE.

    • hustlergalore

      may tawag diyan sa ginagawa ng mga mayayamang sakim. huwag niyong hintaying mapuno ang social divide. pfft!

    • TGM _ERICK

      Ordinary salaried employees cannot lie with their status. magine I ad a colleague who became the laughing stock of the community by adoptng a cat as her son, to qualify her for a bigger deduction. OMG!She was caught on that! Hehehe!

      • pinoynga

        Some can some can’t. What if an employee like say a young CEO, who is still a bachelor and who still lives with his mother’s house, and makes his mother a dependent although his mother (already retired) owns 1 Mercedes Benz, 1 BMW, 1 Porsche, and 3 condo units in Bonifacio and travels to Paris 4 times a year? Head of the family pa rin di ba?

  • common_juan

    Bat biglang ngayung taon na ito naggastos sila ng advertisements at katakot takot na media mileage sa mga radio, print & tv stations about top taxpayers?

    NAGTATAKA LANG PO AKO…KASI MALAPIT NA ANG MAY 2013 ELECTIONS. YUN LANG PO!

    AT BAKA SABIHIN NYO NANGHUHULA LANG AKO O NANINIRA, ETO PO ANG REFERENCE NG MADLA. BAKA KASI NAKAKALIMOT NA TAYO SA KASAYSAYAN:

    http://96.31.84.32/articles/353268/no-more-publishing-of-top-taxpayers#.UW4X70qQOHs

  • DannyGane

    It’s a proof that most of the BIR personnel are corrupt that wealthiest tycoon are not paying the most. How in the first place did they acquired those assets? Wala pa akong nakikilalang BIR personnel na hindi corrupt…

  • hustlergalore

    “There is a difference between tax avoidance and tax evasion,” he said. “The former is legal while the latter is not.”

    – e pareho lang yan! kung ano-anu pang legal gobbledygook. isa lang naman ibig sabihin nyan. gusto nilang malucio-tan! LOL

    • 80baudot95

      tol magenroll ka muna sa ateneo at kumuha ka ng accounting para ma gets mo kung papaano mangdaya este mag file ng income tax tol! kaya nga meron tayong magagaling na abogado at accountants. tignan mo si CJ Corona, malaki kita pero liit bayad tax. buti na maeducate ka toll sa accounting principles para aral ka din.

    • Simplify1

      mahirap nga umintindi basta wala kang alam sa taxes….

      Tax avoidance example is “don’t work”! Ayaw mo mag bayad kunwari ng final taxes from interest income, “wag ka mag deposit sa banco” – yan ang tax avoidance, hindi pandaraya.

      Tax evasion naman is: Opening a restaurant tapos don’t issue BIR receipt para hindi ka mag bayad ng taxes – yan ang pandaraya…. kaya kung mahal mo bayan natin, hingi ka lagi ng official receipt or kahit na ordinary recibo na galing sa kaha basta may tatak ng “authorized by BIR”…

  • jack_bagbaga2011

    iba talaga kapag kasapi sa KKK clan

  • kabayandinako

    It is this simple: Individual income taxes are very different from business taxes.

  • epros

    Fp strikes again ha ha #alamna

  • shane oy

    Press release agad to cover their as ses.

  • Don Boo

    The explanation of Kim Henares about the list is sufficient and any innuendo about how and why Kris become No. 1 is inaapropriate. The list is based on the ITRs filed, hence, those who did not file or were not required to file ITR such as individuals under substituted filing system cannot be included in the list. The income reported under the ITR generally consists of income subject to creditable withholding tax system such as compensation income and income from business or practice of profession. Passive income like winnings, interests from bank deposits and deposit substitutes, royalties, dividends from shares of stocks, and capital gains from the sale of shares of stocks and real property which are subject to final withholding tax are not required to be reported or included in the ITR pursuant to the National Internal Revenue Code of 1997. Passive income could be what the tycoons and other well-known personalities earned in 2011 and therefore not included in their ITRs, assuming they filed one, and not factored in in the BIR’s ranking of top 500 income taxpayers. The list therefore is not conclusive on the behaviour of the taxpayer insofar as his/her compliance with our tax laws is concerned but is useful for the BIR in prioritizing or determining who will be subjected to audit or investigation. The list also raises tax consciousness among the public.
    Keep up the good work, Kim!

  • rlo

    It’s nice to know that your company will announce in the newspapers that it’s getting record profits yet your tax payments always reflect otherwise. Magic accounting.

  • Rolly257

    Kaya pala nagagalit si Pacquiao sa administrasyong Aquino, dahil pinipilit siyang magbayad ng tamang buwis.

    • JanofVA

      Ha..ha..kasi naman si Manny hindi sinabi sa kanya na ang pagbigay ng pera sa mga kaibigan mong gahaman eh hindi considered a charitable contribution..hindi deductible yun..ha.h.a..ha..

  • w33k3nd3r

    Great! And Celine Lopez is running around in parties with her nose filled with coke.

  • disqusted0fu

    More importantly, why are Congressmen and Senators not on the list of top taxpayers? Are they too big for Kim Henares to handle?

    • JanofVA

      Ha..ha..that’s because most of their money is “under the table”….so unclaimed income kumbaga…ha..ha..

  • Roy Rosales

    kudos to miss kris aquino for her pacesetting tax payment to BIR.this is a reflection of the cultured breeding of the aquino famiy.mabuhay kayo

  • JanofVA

    Ang sabihin mo yung mga tycoons have an army of accountants who work for them year round finding ways to “hide” their money….si Kris just has an accountant that does her taxes twice, maybe four times a year.

  • http://www.facebook.com/kung.tufo Kung Tufo Tufo

    Chinese are number 1 in cheating their tax. Violators in labor laws.

  • blowcoldblowhot

    The other day, the Bureau of Internal Revenue (BIR) released
    a list of the country’s top taxpayers, both individual and corporate. And in an
    attempt to portray the Aquinos as the primary adherents of the President’s
    daang matuwid, it showed presidential sister Kris Aquino as the top taxpayer,
    remitting some P50 million in income tax in 2011, surpassing even the taxes
    paid by the country’s billionaires, business tycoons and celebrities. Well and
    good. But then the question arises: Is Kris Aquino now the country’s top
    earner?
    What about the country’s billionaires who own and control the top corporations in the country and who have landed in Forbes list of the world’s richest? There’s something inconsistent in BIR’s list for the top taxpayers of 2010 who were missing in its 2011 list.

    The BIR lost also bared the list of top non-individual taxpayers for 2011 released by the BIR, which Telecommunications giant Smart Communications topped. Manila Electric Co. (Meralco) ranked second, followed by oil companies Shell Philippines and Chevron Malampaya. Interestingly, Globe Telecom ranked seventh with tax payment of P4.52 billion, less than half of what rival Smart paid.

    First things first, aren’t the people who own majority of stocks of the aforementioned corporations entitled to the earnings of the same? So, what happened to their shares of earnings? Didn’t those corporations declare dividends for 2011 thus the majority stockholders of those corporations didn’t earn as much as that of Kris Aquino?
    So, what then is the BIR doing to ensure tax compliance?

    What then is the purpose of using Kris Aquino as a showcase for her brother’s daang matuwid concept of governance when his administration is failing miserably? Kris Aquino as the country’s top earner and top taxpayer? Tell that to the Marines. No one is buying that. On the contrary, it only proves this government has failed to go after big-time tax evaders.

    • AlexanderAmproz

      May be Kris Aquino is the only one declaring fair and square.
      In a country were everybody is used to cheat and steal all the time,
      the most powerful are the number one cheaters and killers, isn’t it logic ?

  • Taiko_Kauna

    the answer to the headline–swapang, kahit subra-subrang kinita sa Meralco!

  • Johnny

    Revenue Commissioner Kim Henares you should be smarter and provide 2 lists.

    List 1:Only those who filed income tax returns (ITRs) (already provided)
    List 2: Complete list (Include all those who filed and those who didn’t)

    Yan para fair at di kayo magmukha bias and sipsip (if it’s not ur intention in the first place).

  • Johnny

    Kim Henares you should be smarter and provide 2 lists.

    List 1:Only those who filed income tax returns (ITRs) (already provided)
    List 2: Complete list (Include all those who filed and those who didn’t)

    Yan para fair at di kayo magmukha bias and sipsip (if it’s not ur intention in the first place) .

  • AlexanderAmproz

    What is the open secret to have a big income without paying taxes ?

    Gold, Goons and Guns !

    Who has a better explanation ?

    How much taxes paid by the Ampatuan’s the last ten years ?

  • pablosantino

    mas malaki pa binabayaran na tax ng empleyado o trabahador kumpara sa employer niya.tingnan niyo si kris trabahador/empleyado..lopez may-ari/employer ni kris..sumigaw na din kayo “tax the rich”! sabi nga ni Buffet sa US..

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