Why Kim Henares released top 500 list

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It is the law.

Thus did Revenue Commissioner Kim Henares justify the release of the list that’s causing restlessness among not a few of those who are on it and those who are not.

But the Bureau of Internal Revenue (BIR) has the legal mandate to release to the public the list of 500 top individual and corporate taxpayers annually in keeping with the requirements of Republic Act No. 9480, known as the Philippine Tax Amnesty Act of 2007.

Quoting Henares, presidential spokesman Edwin Lacierda on Tuesday defended the publication of the list of large taxpayers for 2011.

The list of the biggest individual taxpayers for that year was topped by actress and TV talk show host Kris Aquino, President Aquino’s youngest sister. But surprisingly, the list did not include most of those on the Forbes list of the richest Filipinos.

In a text message forwarded by Lacierda to the media, Henares pointed out that Section 14 of RA 9480 “requires us to publish the list,” responding to a query on why the top taxpayers’ list was released to the public and published on the BIR website.

According to Henares, Section 14 provides as follows:

“Following the implementation of the tax amnesty authorized and granted under this Act, the provisions of Sections 71 and 270 of the NIRC (National Internal Revenue Code) of 1997 as amended, and Section 26 of RA 6388, to the contrary notwithstanding, the Commissioner of Internal Revenue shall, on or before May 31 following the close of each calendar year, prepare a list consisting the names of all taxpayers, their gross income and amount of income taxes paid for the immediately preceding taxable year.”

‘Very long list’

The same section compels the BIR to “allow the publication of the same in at least two newspapers of general circulation or the Bureau of Internal Revenue website,” she said.

However, since “the list will be very long and it will be expensive to publish it in two newspapers of general circulation, BIR has since that time opted to just publish the top 500 individual and corporate taxpayers and to do so on its website,” said Henares.

As No. 1 on the BIR’s list of Top 500 individual taxpayers, Kris paid P49.87 million for 2011.

Kris, who has numerous product endorsements and three TV shows last year, paid more taxes than her top bosses in ABS-CBN owned by the Lopez family.

Only ABS-CBN CEO Charo Santos-Concio was included on the Top 50 list (ranked 33rd), having paid P11.61 million in taxes.

Concio paid more taxes than the country’s second-wealthiest man, Lucio Tan, who paid P10.79 million and who was ranked 35th.

Tan’s counsel, lawyer Estelito Mendoza, ranked 14th, also paid more—P17.64 million in taxes.

Henry Sy landed on the 15th, having paid P16.58 million in taxes.

Forbes’ list

A shopping mall tycoon, Sy and his family remain the country’s richest Filipinos, according to Forbes magazine’s 2013 global billionaires’ list.

The Sy family ranked 68th on the Forbes list with a net worth of $13.2 billion.

Tan, whose family is into the alcohol, tobacco, airline and real estate business, has a net worth of $5 billion, and was ranked 248th among the world’s richest people.

David Consunji, who was on the Forbes list for the first time this year, was 176th on the BIR roster after paying P5.91 million in taxes.

Other businessmen on the BIR list were Orlando Vea of Smart Communications (16th, P16.25 million) and TV5 CEO Ray Espinosa (20th, P14.48 million).

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Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of INQUIRER.net. We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards.

  • farmerpo

    The glory of tax avoidance. Have your cake and eat it too, once, twice, thrice…and not even the BIR is the wiser. How about its twin brother, tax evasions? Did Binay made the 500 list, or Pineda of Pampanga?

    • josh_alexei

      Could not make it..they made their wealth ALL from tax exempt INCOMES…the Magic of corrupt accountants in cahoots with corrupt Revenue auditors…and the bit roles of judges and even janitors…

  • AntiAko

    The law compels the BIR to “allow the publication of the same in at least two newspapers of general circulation or the Bureau of Internal Revenue website,” but in order to save “the BIR has since that time opted to just publish the top 500 individual and corporate taxpayers and to do so on its website,” said Henares.

    Madame Henares: aren’t you violating the law?

    • Guest

      It says that it “allows” that form of publication, not reuire.

    • Winzum Daoas

      It says “allow” not “require”.

      • AntiAko

        i stand corrected.

  • padrefaura

    According to Henares, Section 14 provides as follows:
    “Following the implementation of the tax amnesty authorized and granted under this Act, the provisions of Sections 71 and 270 of the NIRC (National Internal Revenue Code) of 1997 as amended, and Section 26 of RA 6388, to the contrary notwithstanding, the Commissioner of Internal Revenue shall, on or before May 31 following the close of each calendar year, prepare a list consisting the names of all taxpayers, their gross income and amount of income taxes paid for the immediately preceding taxable year.”
    ———-

    saan dyan ang sinasabing i-publish or i-release sa public ang listahan??

    • ernievictory

      tingnan mo sa ibaba ….

      • padrefaura

        sabi prepare a list. may nakalagay bang i-publish?

      • Windtalker827

        and allow the publication of the same
        in at least two newspapers of general circulation or the Bureau
        of Internal Revenue website.

      • http://www.facebook.com/henry.aslor Henry Aslor

        pls read… ” and allow the publication of the same in at least two newspapers of general circulation… hindi mo pa ba naiintindihan yan? at kailangan mo pang mabasa ang word na publish ?.. duh ! use your kukote nmannnn

    • joshmale2004

      Please read the full text of Section 14 of RA9480. BIR is not re interpreting the law. The law is very clear.

      SEC. 14. Publication of List of Taxpayers and Filers. –
      Following the implementation of the tax amnesty authorized
      and granted under this Act, the provisions of Sections 71 and
      270 of the National Internal Revenue Code of 1997, as amended,
      and Section 26 of Republic Act No. 6388, to the contrary
      notwithstanding, the Commissioner of Internal Revenue shall,
      on or before May 31 following the close of each calendar year,
      prepare a list containing the names of all taxpayers, their gross
      income and amount of income taxes paid for the immediately
      preceding taxable year, and allow the publication of the same
      in at least two newspapers of general circulation or the Bureau
      of Internal Revenue website.

    • shane oy

      feeling mas marunong kasi.

  • joe__bloggs

    There is a minimal difference on the cost of publishing online (on the BIR website) 500 names versus 5000 names of individuals and corporations so why not publish the higher number?

  • Flugie

    Again, the BIR is re-interpreting the law. If their sole basis of publishing that list is that Section 14 clause, it didn’t say “prepare and publish a list” but said “prepare a list.”

    • joshmale2004

      Please read the full text of Section 14. BIR is not re interpreting the law. The law is very clear.

      SEC. 14. Publication of List of Taxpayers and Filers. –
      Following the implementation of the tax amnesty authorized
      and granted under this Act, the provisions of Sections 71 and
      270 of the National Internal Revenue Code of 1997, as amended,
      and Section 26 of Republic Act No. 6388, to the contrary
      notwithstanding, the Commissioner of Internal Revenue shall,
      on or before May 31 following the close of each calendar year,
      prepare a list containing the names of all taxpayers, their gross
      income and amount of income taxes paid for the immediately
      preceding taxable year, and allow the publication of the same
      in at least two newspapers of general circulation or the Bureau
      of Internal Revenue website.

      • verconti

        bugu man gud na si Flugie…

      • Flugie

        Thankfully, I speak Visayan. ;-)

      • Danny Day

        It says “prepare and ALLOW.” The BIR can ALLOW the publication, but they are NOT COMPELLED or REQUIRED to publish it.

      • joshmale2004

        So what’s the difference? Whether it is “required” or is “allowed”, doing both is not a violation of the existing Law. Unless you have a different meaning for “allow”.
        “Required” is intended to be done religiously and non compliance may result to penalty. “Allowed” is intended to be done at the option of the authorized person whether it will be done or not done without the condition of a penalty.

      • levis2012

        nice rebuttal! Agree.

      • Rex Robles

        it is not a question of legality…it is merely a propaganda in favor of kris dahil lumayas sya na may iskandalo na nmang iniwan sa pinas…at nung bumalik ayan ang isinalubong sa kanya ng BIR para bumango ang pangalan. dami na nmang nauto ng mga cojuanco/aquino sa palabas na to.

      • Luthmar

        What’s your problem? Bakit sobra galit mo kay Kris Aquino? Leave her personal problems alone. You sound like a grouchy old man.

      • Bordado

        utro pud ning bugo!

      • Flugie

        Thanks for the correction. Appreciate it, sir. It would appear that I based my comment without fully reading what IS actually written by law as I just commented on what was indicated on the article. Here’s my question then (not to you): if BIR is has no intention of interpreting existing tax laws, then why are they planning to go after organizations that, by law and RA, are exempted from paying taxes or are fixed with a 15% tax rate (like NGOs)? I heard from a good source that they are planning to go after ADB and siimilar organizations.

    • ewanski tolongges

      Tama si Joshmale2004. Saka diba malinaw naman dun sa article na meron pang kasunod na section yung ni quote. Hindi lahat ng nilalaman nung section ay hard quoted.

  • kontra_boohaya

    Kung talagang “public sevice” ang pakay ng BIR e bakit hindi i publise h ang ITR lahat ng politicians at mga kumakandidato mula councilors to senators. After all, my guestimate is that majority of the voting public would like to know.

    • Simplify1

      hindi public service yan… requirement ng batas na dapat idisclose yung top 500 regular income tax payers… walang batas para i-publish ni henares yung income taxes ng mga politiko na hindi kasama sa top 500 kasi kung gagawin eto ni Henares, siya naman ang makukulong, intiendes?

    • Johnny

      Or kung gusto nila talaga kumita higpitan nila pag-audit sa mga gastos ng politicians for tax purpose. Payment sa surveys pa lang ayaw ma ma-disclose at paano ninyo ita-tax un?

  • http://whywontgodhealamputees.com/ Lucky Luciano

    and where’s the “Who went to jail list”? :)

  • 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 ?

    • shane oy

      inggit ka dahil kaya nya magbayad ng ganung tax/

      • Simplify1

        mas inggit siya kasi hindi nya kaya kumita ng ganung kitaan…..defensive mechanism nya yan kasi konti lang (kung meron man) bayad nya sa tax!

      • Albert Einstien

        Data from the tycoon’s office showed that the founder of the Megaworld Corp.
        real estate empire, who was one of the Filipino billionaires named by
        Forbes magazine, paid P60.1 million in taxes for all his sources of
        income for 2011.

        KRIS clearly is NOT the top taxpayer…based on REALITY & 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…. : > )

        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 ?

    • mave

      hindi mo ba alam madami matutulongan na pilipino sa tax na binayad niya kaya ikaw mag bayad ka ng TAX mo wag puro sat2x….

      • http://www.yahoo.com/ Ciano Malandag

        anong madami matutulungan? hoy! ang pera ng taongbayan mapunta lang yan sa mga buwayang politiko.gagamitin lang yan sa pang sarili nilang interes!!! palibhasa kaming mga OFW kumakayod para lang mabuhay ang pamilya namin!

      • mave

        Hoy ka rin kung napupunta lang lahat sa bulsa ng mga politiko sana namatay na lahat sa gutom ang mga pilipino, paki nalang wag mo lahatin, isa rin akong OFW brod fyi lang.

      • Simplify1

        ciano ka talaga! Nag babayad kaba ng tax? tax pinaguusapan dyan, di mo alam yan kasi di ka nagbabayad!

    • Simplify1

      sayang handle name mo…youre not living up to even a fraction of einstein’s common sense… ooppss sorry hindi pala same exact last name spelling… which really explains a lot!

      The top 500 individual taxpayer list has been around very long before PNoy or Henares were in government. Kris has been a regular fixture in the top 50 tax payers sine 2008 (I didn’t check earlier than 2008 kasi I was already satisfied that this is not a form of propaganda that you and your type espouse)! Naging issue lang eto dahil sa inyong mga do-gooder kuno na kakapiranggot ang binabayad na tax sa BIR!! Kung ngayon lang nangyari ang inclusion nya sa top 500, baka pa tama yang inaatungal nyo!

  • nes911

    Dapat ipublish din yung top 500 tax evaders.

  • verconti

    suddenly its’s magic…

  • regd

    How about publishing the bottom list? May chance ako na maging topnotcher!

  • http://www.facebook.com/el.uy.3 EL Uy

    Matagal nang mayabang si Kris Aquino, being an Aquino herself – just like her brother…mayabang at kulang sa pansin, pakitang gilas! Ito namang BIR namimili ng titirahin! Isipin ninyo, si MEndoza mas mataas pa ang binayad kaysa sa client niya! Si Kris mas mataas ang binayad kaysa kay Concio? Sino kaya ang nandaya?

    • shane oy

      ikaw magkano binayad mo sa tax?

      • rlo

        28k+, but my income abroad as an OFW is exempt. Compared to the total taxes I pay for my business. My profit is even less than the tax amount. So sa kita…..mga 60-40 pa kami ng gobierno. Saya diba. Wala pa yung mga “governement fees, city taxes/fees, license to operate” etc.

      • Janch

        Huh? Profit is less than the tax due? You’re kidding, right? How did you calculate your taxes? Best get someone else to do your ITR.

      • Guest

        Baka sa gross revenue hehe

      • ewanski tolongges

        Baka sa gross revenue nya ni compute yung tax hehe

    • Luthmar

      Ano naman kaya ang ipinagyabang sa iyo ng magkapatid na Aquino? May pandaraya ba pinagusapan dito? Ikaw nagbabayad ka ba properly ng tax, kung nagbabayad ka nga. Did you read the whole article? Si Henry Sy is worth $13.2 billion but paid onlyP16.58 mil. in taxes. Lucio Tan is worth $5 bil.but only paid P10.79 mil. You must be Chinese. Why don’t you criticise your compatriot for not paying the proper tax. If I remember correctly, Tan has a pending case for tax evasion. But, f—ing chinese does not want to pay taxes. So, hwag mong paginitan yung magkapatid. Get a life.

  • pabulaka

    Reading all the comments below, I can’t help to conclude that some Filipinos don’t even appreciate the fact that rich people are paying their taxes diligently and the BIR is just complying to the minimal requirement. They try to find some sinister reason for its publication, how pathetic!!!!

  • shane oy

    it’s just simply stupid to see something bad in being a top taxpayer. Imbes magpasalamat dahil nagbabayad yung tao ng tamang buwis kung ano anu pa ang sinasabi na walang katuturan. Tingin ko INGGIT lang ang dahilan, kasi despite her shortcomings in life she earns a lot more than these crabs and pays her taxes deligently.

  • Ehemalige Schatzkanzler Iris

    Income is taxed differently depending on it’s source. The top tier for salary is 32%. Rich people who just live on interest (via bank deposits) is 20% while the stock market is only taxed 0.5%!

    Rather than blame the rich for keeping their money in the stock market, why don’t Filipinos join them and put your money there? It’s legal!

  • rlo

    And here I was thinking that the Chinese were exempt from paying taxes. It just so happens that it is calculated differently.

  • w33k3nd3r

    Good move, Henares! May you continue to be more productive!

  • calixto909

    Ms Henares what the public is eager to be abreast of is the reason backed by figures why these dollar billionaires like tan, sy et al paid lesser than these cited peso millionaires? Publish the information so that the public shall not doubt that your office made a hocus pocus in exchange of a payola.

    • Bordado

      Revenue Commissioner Kim Henares explained why certain people were not on the list of top taxpayers.

      “Only those who filed income tax returns (ITRs) will find themselves on the top 500 list,” .

      “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,”

      “You have to make a distinction between income and assets”.she added

      Please naman wag mong i damay ang karamihan “PUBLIC” sa iyong mga kalokohan..Crab!!

  • disqusted0fu

    BIR is pretty much the same with the BOC. They both have inefficient Commissioners and the government loses millions if not billions of pesos from these agencies each year. It just so happen that their Commissioners are KKK that’s why they remain in position.

  • http://www.yahoo.com/ Ciano Malandag

    propaganda na naman…isa na naman itong pangloloko.showbiz na showbiz na talaga ang bansa natin…

    • Simplify1

      cianong, propaganda yan kung ngayon lang nasali si kris sa top 500 taxpayers… simula 2008 na pandak na presidente mo ay kasalukuyang nag nanakaw sa kaban ng bayan, kasama na si Kris sa top 500! search mo google kung marunong ka!

  • ting0508

    Where is Edgar “Injap” Sia of the Mang inasal fame? Is he a typical Chinese who evades paying the right income tax? BIR should run after this Sia! Edgar Sia is now the youngest billionaire in the Philippines and yet he is not paying taxes? Jail him!

  • josh_alexei

    I believe this law mandating the BIR to publish the names of top taxpayers can be Challenged for its Constitutionality…as every individual is guaranteed the Right to Privacy and publishing the name serves no Purpose at All…publishing the tax evaders and tax cheats after they are charged in the court of law might be more useful as this will serves to inform the public who will be on trial for Tax Violation and may wanted to be among the the Public members attending the Public trials…

  • josh_alexei

    on what is the argument about who is the highest tax payer in the country? why until now, nobody can still figure out how much an individual pays in PERSONAL INCOME TAX.??

  • w33k3nd3r

    As Citizens, can we request for Government officials’ tax contributions? Can’t BIR give it out since they are all but servants of the public?

  • anu12345

    Sana mag-publish sila ng ‘lowest taxpayers’ para masama naman ang pangalan ko sa news.

  • Albert Einstien

    LIST of top taxpayers SHOULD be complete to prevent BIAS & misLEADING the public.

    Data from the tycoon’s office showed that the founder of the Megaworld Corp.
    real estate empire, who was one of the Filipino billionaires named by
    Forbes magazine, paid P60.1 million in taxes for all his sources of
    income for 2011.

    WALA pa jan yung final tax on interest on BILLION or TRILLIONS of BANK DEPOSITS ng mga TYCOONS at di rin isama ang bilyons of tax payment & remittance ng mga corporate arm nila kasi me distinct personality mga ito…..

    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 ?

  • randyaltarejos

    I could only guess one thing why? I have a strong suspicion that, perhaps, the tycoons’ accountants shortchanged them.They could have furnished their clients with the correct tax computations but they provided the BIR with the doctored copies of the tax returns.

  • Johnny

    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).

  • maximus_meridius

    This Henares is a good for nothing abnoy puppet.

  • Guest

    The list published by the BIR is not a comprehensive list. Why publish it? …to polish Kris Aquino’s NEGA image in the aftermath of her ” case” against her ex………what do you call it. He’s not her husband.

  • jack_bagbaga2011

    pagsisipsip ang tawag nito

  • AllinLawisFair

    What about that rude and arrogant Willie Revillame? How much tax did he pay?

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