BIR charges Richard Gutierrez for submitting 'fake' docs in tax case

Ina Reformina, ABS-CBN News

Posted at Aug 17 2017 11:54 AM | Updated as of Aug 17 2017 03:15 PM

Richard Gutierrez. File Photo

MANILA - The Bureau of Internal Revenue (BIR) filed new charges against actor Richard Gutierrez on Thursday for allegedly submitting fake documents in connection with the tax evasion case slapped on him in April.

The new complaint charges Gutierrez of one count of knowingly using/submitting fake or falsified annual income tax return (ITR) for taxable year 2012; six counts of knowingly using/submitting fake or falsified quarterly value-added tax (VAT) returns for the second, third, and fourth quarters of 2012; two counts of knowingly using/submitting perjured affidavits during the preliminary investigation of his tax case; and four counts of attempting to make it appear he or another has filed his annual ITR and quarterly VAT returns.

The tax case involves Gutierrez’s R Gutz Production, which produces and markets films and TV shows. 

Gutierrez submitted the subject documents to the DOJ on July 18, 2017, with official receipt stamps from the BIR Revenue District Office No. 42-San Juan City. However, the receiving officer appearing in the stamps, Renato Agana, has denied receiving of the returns.

“There is a stamp ‘received' in the documents; we traced that there’s a name there, the person who allegedly received it (returns) has denied receiving that. It’s not his signature there, and the stamp that he used isn’t the stamp that is used in that office… all that point that these documents submitted are fake,” said BIR Assistant Commissioner James Roldan.

The BIR added: “Gutierrez used fake and falsified tax returns to secure the dismissal of the tax evasion case against R Gutz Production Corporation,” and resorted to the “scheme” to evade payment of the required taxes.

In its tax case against Gutierrez, the BIR alleged he underdeclared R Gutz’s income for 2012 by P39.51 million.

The BIR placed Gutierrez’s income tax liability at P27.45 million, and his VAT liabilities at P11.12 million, or a total of P38.57 million in tax delinquencies.

Gutierrez’s lawyer, Marie Glen Garduque, said they have yet to receive a copy of the new complaint.

“[A]s far as Richard is concerned said documents have the original stamped received from the BIR. At any rate, Richard will just answer as soon as he receives the copy of the complaint,” Garduque said in a text message.