THE Department of Justice (DOJ) has approved the filing of tax evasion case against alleged pork barrel scam mastermind Janet Lim-Napoles and husband Jaime Garcia Napoles.
Based on the Bureau of Internal Revenue’s (BIR) complaint, the Napoles couple’s total tax liability is P61-million.
The couple allegedly violated Section 254 or attempt to evade or defeat tax and Section 255 for Failure to File Recur, Supply Correct and Accurate Information and Pay Tax under the National Internal Revenue Code (NIRC).
Napoles’ tax liability is P44.68-million while her husband, Jaime’s liability is P16-million.
Investigation by the BIR showed that the couple purchased several properties, vehicles, insurance policies and club shares.
These properties include a condominium units in City & Land mega Plaza in Ortigas, The Discovery Centre also in Ortigas, properties in Bayambang Pangasinan and Lanao (now Sudan) in Kidapawan City. They also purchased 24 insurance plans, a Ford Lincoln Navigator worth US$5,408, Honda Civic, a Porsche Cayenne.
The couple also invested in various corporations including Jimmy’s Bar, Grill and Restaurant Corp, Asia Prime Energy Development and Supply Corporation, Asia Star Power Resources Corporation, RLG Solutions Corporation, Solution Strategies Asia, Manila Polo Club.
“From the pieces of evidence presented by the BIR, primarily the Income Tax Returns (ITRs) of respondent spouses juxtaposed with documents of real and personal properties amassed by the latter, there could be no iota of doubt that there exists probable cause to indict them for tax evasion,” the DOJ said in its resolution.
“The findings of BIR resulted in conclusive, material and eloquent proof that the expenditures of respondent spouses were grossly disproportionate to their incomes,” the DOJ added.
The DOJ pointed out that the couple did not even deny ownership of the properties discovered by the BIR.
“The only implausible retort of respondent spouses on these questionable acquisitions and other earnings was that they allegedly derived and earned dividends from corporations where they have invested monies for which taxes have already been withheld from them prior to payment. This being so, they now rely on misplaced albeit flimsy proposition that taxes from their dividends already having been withheld, they were thus no longer required to pay taxes or to file their ITRs,” the DOJ added.
Based on the resolution, Janet and Jaime Napoles’ tax liability is for 2004, 2006, 2008, 2009, 2010, 2011 and 2012 worth P44,711,147.48 and P16,470,402.72 or P61.18-million.
The DOJ added that Janet Napoles also failed to file her ITRs for 2010, 2011 and 2012.