The Bureau of Internal Revenue is accusing a businessman of defrauding the government of P5.5 billion by underdeclaring his income and wrongfully classifying land sales in 2007 and 2008.
It is the “biggest” tax evasion case filed by the BIR under the Aquino administration.
The BIR filed the complaint Thursday with the Department of Justice against Macario Lim Gaw, owner of Mega Packing Corp.
Gaw is the fifth taxpayer charged by the agency under its Run After Tax Evaders (RATE) program, part of the campaign of the Aquino administration to go after tax evaders and smugglers in an effort to shore up government finances.
Finance Secretary Cesar Purisima said the amount involving Gaw’s alleged unpaid taxes was the biggest ever under the RATE program.
Purisima said the businessman, whose listed principal address is in a posh Quezon City subdivision, managed to skirt laws on paying taxes by using three tax identification numbers.
The BIR said Gaw evaded payment of the correct income tax in 2007 and 2008, and willfully failed to supply accurate information in his income tax return and to pay the value-added tax (VAT) in 2008.
Gaw also supposedly purchased 10 lots in 2007 and 2008 in the aggregate amount of P4.11 billion and sold them for P8.41 billion eight months later.
The BIR said Gaw “deliberately misclassified” the sale of the 10 lots as a sale of “capital assets” when these were undoubtedly sales of ordinary assets.
“He declared these as capital asset when it should be ordinary asset because he bought land to sell,” said BIR Commissioner Kim Henares.
By doing so, Gaw supposedly paid only 6-percent capital gains tax amounting to P9.1 million in 2007 and P418.7 million in 2008 to avoid paying the 32-percent income tax and 12-percent VAT due from sales of lands classified as ordinary assets.
Gaw is the president of Mega Packaging Corp., which employs about 350 people, including office workers, according to its website.
Located at Canlubang Industrial Estate in Calamba, Laguna, the Mega Packaging plant occupies 2.5 hectares.
Mega Packaging produces industrial packaging products and reusable containers, molded appliance parts for air conditioners, refrigerators and water coolers, and products for aquaculture industry such as floats and ice boxes.