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BIR’s Top 500 list unfair to tycoons

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Tycoon Andrew Tan has reason to complain that his name was excluded in the Bureau of Internal Revenue’s list of the top 500 individual taxpayers in 2011.

He paid P60.1 million in taxes for all his sources of income that year, more than what Kris Aquino, the President’s youngest sister, paid in income tax which amounted to P49.8 million.

Tan and the other billionaires were implicitly projected as tax cheats by the BIR for not being included in the “Top 500.”

The country’s billionaires may have paid little by way of their income tax returns (ITR), but they paid huge amounts through the withholding taxes on their earnings from their own companies.

Tan, who owns the multibillion peso Megaworld Properties, was taxed by the government on his cash dividends from his stockholdings, salaries from companies he owns, and earnings from director’s and consultant’s fees from his own companies.

It would have been impossible for Tan to have cheated the government since the BIR always watches over the earnings of his companies.

* * *

It would also have been impossible for the Lopezes, who own the biggest radio-TV network ABS-CBN, where Kris Aquino is a talent, to cheat the government on their income taxes.

Lopez patriarch Oscar and his brother Manuel paid P37 million and P11 million, respectively, in income taxes, for 2011.

Like tycoon Andrew Tan, the Lopezes surely paid the government huge amounts in withholding taxes.

Is the BIR telling us that presidential sister Kris earned more than the owners of the TV network where she works?

* * *

Why does Commission on Elections Chair Sixto Brillantes have to wait until Monday to decide whether he should resign or not?

If Brillantes has decided to resign because, as he claims, the Supreme Court has rendered the poll body useless by issuing restraining orders against it, he should resign; period.

He says he will have to meet first with President Benigno Aquino III before he tenders his resignation.

Of course, P-Noy will talk him out of it.

If he’s talked into staying put by the President, he will compromise the independence of the poll body.

Brillantes must remember that although he was appointed by the President, his allegiance to the appointing power ceased after he was sworn in because the Comelec is a constitutional and independent body.

* * *

The Court of Appeals justice who comes to the office in luxury cars to the embarrassment of fellow justices, who are themselves corrupt, got his good fortune from issuing TROs.

TRO means temporary restraining order, a source of graft for most justices in the appellate court and many lower court judges.

An appellate court’s TRO, which orders persons or entities to refrain from carrying out a policy or decision while it is under question, costs millions of pesos to the one petitioning it.

If you don’t believe me, ask people who have petitioned the CA for a TRO.

Especially those who have transacted business—for what do you call it?—with the CA-Cebu branch.

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  • Simplify1

    No one is really accusing the tycoons of evading taxes. This is simply a result of reaction of some uneducated people who decided to make this top 500 list an issue. Some irresponsible journalist like yourself only fanned the flames of doubt and incited peoples rage either way (pro or anti aquino). This list comes out every year like clockwork. This only became an issue because the top tax payer this time was the president’s sister… Notwithstanding the fact that prior top 500 lists always excluded income (i.e. dividend, interest income, etc) other than “regular” taxable income, in determining the top 500 list and notwithstanding the fact that Kris has been a consistent member of this top 500 list, should the tycoons be worried??

    • Benigno the Turd

      What offends is the obvious PR spin of yellow media to label Kris as the country’s top taxpayer, misrepresenting that when they very well know others have paid higher taxes than her. It’s a black eye to journalism in general because they swallowed the spin hook line and sinker, not even consulting a tax expert and asking BIR the right questions. On that day, Inquirer was a sucker.

      • Simplify1

        Many people including myself don’t believe that this was an Aquino PR spin. In the first place they don’t need it! It was the crab mentality of the opposition who decided to make this issue their own PR Spin. Finding no other mud to throw against PNoy that could stick, the PR media of the “dark side” resorted to black propaganda based on their fear that another aquino might be in malacanang in 2016…. It’s so funny that the “dark side” black propaganda in this election season doesn’t work, so they’re trying to create their own issues based on future fears (I never did personally like Kris, but this latest tax issue about her only reinforced my belief in the family’s commitment as respectable citizens walking the talk)

      • Benigno the Turd

        First of all, did they state the list as being qualified? No. They flatly called kris the top taxpayer, period. That’s fact. Did they at the same time, issued a list indicating the tax payment of the country’s wealthiest, comprehensive of withheld taxes? No. So in other words, it was a press release angled to make Kris look good while unfairly maligning the real top taxpayers like Andrew Tan of Megaworld. When truth is shaded, it’s called SPIN.

      • Simplify1

        hahahahaha! Who do you mean they? BIR?? If you know how to google, just google – “list of top individual income tax payer 2008″. then do the same for 2009, 2010 and 2011…. you will find that all these lists have been issued yearly… (in 2008, Kris placed # 8 ata and at that time, manny pacquiao was number 1 with more than 120 m)…if you’ll notice Kris has consistently been among the highest tax payer even before PNoy became president in 2010… Kim Henares was not yet head of the BIR back then… Back then, noone was questioning how the list was prepared… it is only now that the question of completeness became an issue because it was the sister of the president! I hope this entightens you…

      • TagaKalos

        Mali ka dyan HUNGHANG! Ang isyu dito eh bakit isinapublika ngayon ang nangungunang nagbayad ng taxes sa BIR matapos lumabas yung balita na papasok sa pulitika itong lukaret na kapatid ng idolo mong presidente sa malakanyang na inutil at bakla na katulad mo. Kayo na mga kampon niya dito magsipagingat kayo dahil balang araw ay makikita na lang kayo na may bigti sa leeg gamit yung yellow ribbon ng inyung idolo na naging lubid OGAG!

      • Simplify1

        Ikaw naman, bakit ka naghihinagpis at nag lulupasay dyan… Relaxs ka lang, kung hindi ka nakakaintindi ng ingles, tatagalogin ko, ok?

        Bago pa naging presidente si noy, Yang listahan ng mga pinakamataas na nag babayad ng regular income tax, taon taon lumalabas yan. Tumakbo o hindi si kris na kina tatakutan mo, issapubliko talaga yang listahang yan. Talagang kasama si kris sa listahan na eto taon taon simula pa noong 2008 sa huling pagkakatanda ko.. Naging issue lang yan ngayon kasi pilit ninyong gamitin etong issue laban kay aquino kasi wala na kayong ibang maisip na paninira na wala namng dumidikit sa kanya na baho!

        Hindi ako makikipag murahan sa iyo kasi di ko asal yun. Pinakikita mo lang ang iyong pagkababa ng uri Na tao (kung tao ka man hehehe) at madaling hulaan sa kahinaan ng pinagaralan mo na si ERAP lang ang pinag titiwalaan mo di ba? Hehehe

    • $14141131

      C’mon, can you not decipher what honesty means, Simplicity ma’am/sir? That for sure is what BIR deliberately overlooked in the list. Simply bootlicking.

      • Simplify1

        are you aware that kris has been a consistent top 500 tax payers since 2008 when his brother was not yetpresident nor was henares the BIR Comm? its really no rocket science, very simple unless you read too hard into it..

      • $14141131

        Mine is not a question whether Ms. Aquino is in the list of top taxpayers. It is about the missing names of billionaires and millionaires when they should have been included. Honest listing that is. Not even a firecracker science, isn’t it?I hope you understand, Ma’am.

      • Simplify1

        There were no missing billionaires or millionaires in the list… The listing has always been prepared that way, meaning EXCLUDING income of “individuals” who generated earnings from dividends, interest and “other income” which were already SUBJECTED to tax and collected by the BIR through OTHER FILINGS…. The list has always been prepared, only to include taxpayors who prepared an ITR for “REGULAR INCOME”….

        You can’t accuse henares for dishonesty… If henares were to become “honest” by adding all those income other than regular income to come up with a list that would suit your “definition of an honest list”, she would be going beyond her mandate! She could be charged for disclosing information other than that required by law for her to disclose… Understand now mam?

      • popeyee

        I think it’s not the issue of Kris being the no. 1 taxpayer, but the non inclusion of the other billionaire on that list..

      • Simplify1

        There were no missing billionaires or millionaires in the list… The listing has always been prepared that way, meaning EXCLUDING income of “individuals” who generated earnings from dividends, interest and “other income” which were already SUBJECTED to tax and collected by the BIR through OTHER FILINGS…. The list has always been prepared, only to include taxpayors who prepared an ITR for “REGULAR INCOME”….

        You can’t accuse henares for dishonesty… If henares were to become “honest” by adding all those income other than regular income to come up with a list that would suit your “definition of an honest list”, she would be going beyond her mandate! She could be charged for disclosing information other than that required by law for her to disclose… Understand now mam?

    • Noel

      Agree. Why would they publish the top 500 in the first place? Were they not supposed to pay their taxes? Being top tax payers does not necessarily mean they pay the correct taxes.

      • Simplify1

        First off, this list is not the brain child of henares, she was required by law to publish the top 500 tax payers…her predecessors similarly reported this list annually. You are right in that being among the top payer does not necessarily mean they are paying the correct taxes… for all we know, kris might have paid lesser than what she should have paid, but in so far as the list is concerned the BIR will report what was filed with them.

      • Noel

        And why was presidential sister Kris published as the highest paid celebrity ? Because she’s the President’s sister?

      • Simplify1

        ikaw naman… ang tanong dapat, why not publish her name if she is really the top payer for the year? Kahit na ba siya ang highest payer, dapat bang hindi i-publish pangalan nya kasi kapatid ng presidente?

      • Noel

        Gamitin mo kaunti ang utak mo. Ano man magandang balita o publicity ng madaldal na kapatid ng Presidente na si Kris, nakakatulong sa imahe ng Presidente. Si Commissioner Kim Henarez ay appointee ni Pnoy. Puwedeng sipsip di ba?

  • NoPeopleLuck

    Better and true reporting bring positive results…right?…left?

  • TT Knew

    “BIR’s Top 500 list unfair to tycoons” ….This is the type of articles Mon Tulfo loves to write. He hears a distinct sound of a cash register constantly ringing…..kat-tsing!!

    • kismaytami

      Barat pa naman ang mga tsekwang tycoons. Pero kung tutuusin, pera pa rin yun. Kaya cha-ching!

  • randyaltarejos

    If these tycoons were not include in the BIR’s list of top taxpayers for 2012, blame it on their accountants who may have made a magic of their tax payments. Who else would do it but the accountants themselves, in cahoots with some BIR examiners? Could it be possible that the tycoons were made to believe that they paid the total amount as reflected in their income tax returns. However, the actual tax payments that were filed were less than what reflected in their original income tax return copies in their possession right now.

  • paulo

    Aha, it is time to look at the QC RTC judge who issued a TRO lately in a case about the reorganization of a semi-government company. This Judge is well known in legal circles for his use of expensive SUVs and personal water craft. He is very popular with expensive women working at night. He has a swimming pool in his house and a yacht to boot. He is now in cahoots with a retired controversial judge in Manila and an incumbent deputy court administrator in fixing cases. Please look at this Mr. Tulfo. These are the big fishes you are looking for.

    • NAGMAMARUNONG

      EASY KA LANG. ANG TANONG BA, EH ANONG LAGAY NG KASONG ITO.

  • ikulong

    SI TULFING BAKIT WALA SA LISTAHAN? DAMI NG KINITA NYA. LOL

  • UrHONOR

    >>>Tycoon Andrew Tan has reason to complain that his name was excluded in the Bureau of Internal Revenue’s list of the top 500 individual taxpayers in 2011.<<<

    ISA pa 'tong naturingang journalist na HINDI MAKA-INTINDI ng pagpapaliwanag kahit ilang ulit ng ginawa ni Kim sa mga media. BASAHING MABUTI ang EXPALANTION ni KIM at ang ginamit na batayan o standard sa paggawa ng listahan. Kung anupaman, ang dapat na talakayin ay ang batayang ginamit at hindi ang resulta ng paggamit ng batayan.

    Kung, halimbawa, gagawa ako ng listahan ng 10 magagaling na koluminista ng mga pahayagang Pilipino at linagay ko si Ramon Tulfo na numero uno, tiyak ko mamumutakti ang tututol sa resultang yan. "Anak ng puga, bakit si Tulfo?" Kung ipapaliwanag ko na ang batayan ng pagpili ay ayon sa magagaling na kolumnista na bolero…at marami pa din ang hindi a-ayon at a-angal, ang problema ay hindi sa listahan kundi sa kaisipan ng nagrereklamo.

  • UrHONOR

    >>>The Court of Appeals justice who comes to the office in luxury cars to the embarrassment of fellow justices, who are themselves corrupt, got his good fortune from issuing TROs<<<

    EMBARRASSMENT of fellow justices? How about embarrassment of bona fide journalists like Mercado, de Quiros, Cruz, Ocampo, etc. when revealed the assets of Tulfing ranging from farms to financial investments? Magkano lang ang sweldo ng kolumnista? Yong PAYOLA at PANANAKOT na mabulgar sa pahayagan ang katumbas ng tongpats o kotong sa gobierno na kahit na pipitsuging mga kolumnista ng tabloid ang maaaring gumawa….at yang paraan na yan ang nagpapayaman sa kanila….tulad ng magkakapatid naTulfo….matunog-na-matunog yan sa Customs. Nakakatayo-ng-balahibo kahit na doon sa ibaba ang mga binabalitang katiwalian o questionable practices ng ilang mga MMM na siya mismo ay nakahanay sa antas ng mga ito.

  • Mamang Pulis

    Hindi na dapat gawing issue yan, ang importante nasa listahan ka ng NAG BABAYAD ng tamang buwis.

    Yun kay KA– hindi ito maalisan na mabahiran ng pulitika. Gagatasan ng husto ng mga PR manager ni KA sa anumang agenda na ilalahad nila sa mga susunod na taon.

    at ikaw tulfo–at yun mga kapatid mo—paano ka nakaka bili ng ganyang ari arian sa sweldo mo?

  • Barak_O

    paging tycoon andrew

    hwag mag atubiling magdeposit kaagad

    sa account ni ramon

    bdo quezon ave branch

    okay yan si mon

  • Yobhtron

    Natatakot si Monay Tulfing na ganitong listahan baka mabuking siya na hindi siya nagbabayad ng tamang buwis dahil ang dami niyang ari-arian.

  • TEAM PNOY

    Mon Tulfo was given a free condo unit courtesy of megaworld for this report.

  • go88

    AND HOW ABOUT YOU TULKO? SHOULDN’T YOU BE ONE OF THE COUNTRYS MAIN TAX PAYERS? BUT I BET YOU DON’T DECLARE TO THE BIR WHAT’S IN ALL THE ENVELOPES YOU RECEIVE. HOW MUCH ARE YOU RECEIVING FOR THIS ONE DEFENDING THE TYCOONS?

  • matalino matalino

    Henares is playing games with the media for the political future of Kris Aquino. Akala ko, malinis si Henares- hindi pala.

  • Noel

    The richer the person, the more he cheats taxes. It’s hard to believe that big businessmen and tycoons pay the correct taxes. Aside from smuggling, tax evasion is rampant among the richest of the rich in the Phl.

  • Pio Pusli

    BIR top 500 list? majority of the very rich people in developed countries will be very happy not to be in the list, only in this inferior country of ours, where even a police reporter aka movie gossip reporter joining the fray.

  • Pio Pusli

    the lesser brains here are fixated to the idea of Kris Aquino as top taxpayer of the country. of course i can forgive you for being so mentally inferior added with your talangka mind. why you morons conserve your energy when the PCGG issues the report about the secret accounts of Imee Marcos , Estradas, Villars, etc. this is the real issue idyots!!!

  • anu12345

    “Is the BIR telling us that presidential sister Kris earned more than the owners of the TV network where she works?”

    If that’s how you understood the BIR report, I rest my case.

    BTW, seems to me that dividends are taxed a low flat and final rate. If that is the case, I can see why the tycoons opted to get their bigger income through dividends instead of regular salaries which have higher tax rate. Correct me if I’m wrong.

    So, that being said, there should be a list of tycoons who avoided paying more taxes by declaring dividends

  • http://www.facebook.com/estrella.segarranavera Estrella Segarra Navera

    Please be reasonable. The BIR Commissioner placed on record why most tycoons were not included. There is a rationale for all this noise. We are happy though that tycoons are coming out to speak their mind. Thanks to them for making this country richer. Don’t blame Kris Aquino for topping the list. She did not make the list herself. Why blame her? Maybe the BIR will soon have a system where not only those with individual ITRs will be listed. Keep cool and God bless.

  • TT Knew

    Looks like there is no love lost between Tulfo and Brillantes. Tulfo was mad as hell at Brillantes for not exempting him from the election gun ban reasoning his life is in constant danger. Brillantes argues that the ban is for almost everyone specially civilians. Tulfo insisted his case is different but was finally rebuked. Tulfo is getting even thru this article. He thinks his life is more precious and important than anyone else.

  • salvador contreras

    Least you forgot Aquino is plainly an employee while Tan is an employer. Even if Tan paid double Kris taxes it would be normal. But slightly higher?!

  • dxdaistar

    the issue is why Kris was declared top taxpayer even if she is not! The answer is in 2016!

    • wawangpenoy

      simplify1 eto pa isang bobo. If you still have the patience, can you explain to this asinine poster why?

  • Guest

    pakana ni pnoy yan pag labas na si kris nasa top ..amng taxpayers..para ma boost kampaNYa…Baka di naman yan totoo talaga

  • Myrna

    Talagang mga corrupted minds na ang maraming nagko-comment sa article na ito, disguising as critics but have crab mentalities naman. Pasalamat kayo at may mga nagbabayad pa rin ng taxes, tama man ang pagkabayad o hindi. Kayo kaya na maraming ngalngal, nagbabayad ba kayo ng tamang tax o maski maling pagkabayad ng tax? Puro kayo kritiko, mga impostor na makabayan naman, pwe!

  • Gu3st

    i’m sure you were given money by this millionaires and billionaires after writing this column… you’re comparing an employer to an employee? come to think of it, why would a mere employee pay higher taxes compared to employer.. did even bother to ask the BIR how much percentage are these employers getting compared to a mere employee?

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