Australian national calls BIR complaint filed against him ‘unfair’

Bureau of Internal Revenue building. INQUIRER file photo

MANILA, Philippines—An Australian national on Friday branded the tax evasion complaint filed against him by the Bureau of Internal Revenue as unfair.

In a statement sent to reporters, Shank Kaye through his lawyer Mark Aldave said they were a victim of trial by publicity because they have only learned of the tax evasion complaint filed by the BIR from the media.

The BIR, last September filed a complaint against Kaye for the alleged fraudulent purchase of a condominium unit in One Serendra at the Bonifacio Global City from Kamari Overseas Limited for P14 million in 2011.

Investigation by the BIR showed that corresponding taxes were not paid prior to the transfer of title and the documents used by Kaye to effect the transfer of title to his name were allegedly fake.

Aldave said Kaye bought the condominium unit in good faith relying on the documents presented by his former lawyer to show that the title is free from liens.

“A foreign national with no legal background who can rely on his former lawyer’s representation cannot distinguish the validity of the documents since the Capital Gains and Documentary Stamp Tax were duly paid as evidenced by the receipts issued to him, that the documents claimed to be fake were issued by the BIR Taguig itself,” Aldave said.

Only when Kaye tried to sell his property that he learned that the documents were fake.

Aldave said they are still waiting for a summon from the Department of Justice.