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DOJ approves tax evasion case vs Corona daughter

/ 02:19 PM June 05, 2014

MANILA, Philippines—The Department of Justice has approved the filing of the P9.93 million tax evasion case against the daughter of former Chief Justice Renato Corona.

Corona’s daughter was charged with violating section 254 of the National Internal Revenue Code or attempting to evade or defeat taxes in 2010 and violating section 255 or failing to file an income tax return for the same year.

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The Bureau of Internal Revenue, in its complaint, said Carla Corona’s tax liability amounted to P9.93 million.

In her counter-affidavit, Castillo said the BIR violated her right to due process when she was not allowed to participate in its investigation against her. Due to such fact, she said she was not able to explain how she was able to afford to buy the La Vista property worth P18 million.

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She added that the BIR was basing its complaint on “unfounded assumptions” that since she brought a property in 2010, she earned income that same year.

“The purchase by a taxpayer of a property in a given year does not show, more so establish that he/she earned or received taxable income much less, that he/she earned such taxable income in the same year the property was purchased,” Carla said.

In fact, she said in December 2010, she filed with the BIR Form No. 2551M indicating that the food business she ventured into had been non-operational since third quarter of 2009.

“The BIR did not establish my net worth at the beginning of the questioned taxable period by any competent evidence. By not doing so, the BIR made it appear that I had no funds or assets prior to the year 2008 when a cursory inquiry would have easily shown that I earned a living as a physical therapist abroad from 1996 to 2002,” she said.

But the BIR said Castillo is not mandated to appear in the BIR’s investigation. She is only required to submit her books of accounts and other documents.

The DOJ, however, said Castillo was given enough time to rebut the allegations of the BIR.

“In fact, respondent Carla submitted her counter-affidavit and rejoinder affidavit to answer the claims of the BIR. At this juncture, respondent Carla cannot claim that her right to due process was violated,” the DOJ said.

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The DOJ added that Castillo also failed to substantiate the source of the money she used to purchase the La Vista property.

“Her claim that she used her savings, which she accumulated while working abroad, is refuted by the fact that she filed her income tax return for taxable years 2008 and 2009 with a total income of only P228,040.00. Accordingly, respondent Carla is liable for the total income tax deficiency for taxable year 2010 in the amount of P9.927,684.18,” the DOJ said.

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