BIR accuses 2 couples of evading P150,000 in taxes in property sale

Mike Navallo, ABS-CBN News

Posted at Oct 19 2018 05:51 PM

MANILA - Two couples face imprisonment if they are found to have evaded payment of more than P150,000 in taxes in the sale of a piece of land, as alleged by the Bureau of Internal Revenue (BIR) in its complaint filed Friday.

The BIR wants Cresencio and Carmen Milla, and Homer and Maria Felisa Rivera of Antipolo City, Rizal held liable for willful failure to file and pay capital gains tax and documentary stamp tax.

The BIR accused the two couples of evading payment of taxes by using a fake and falsified certificate authorizing registration to facilitate the transfer of title of a piece of land which the Millas sold to the Riveras.

This, the BIR said, was done so that the Millas could avoid paying around P135,000 in capital gains tax, which also allowed the Riveras to evade paying around P34,000 in documentary stamp tax.

A capital gains tax of 6 percent of the gross selling price or fair market value of a property is imposed on every sale of real property like a piece of land.

Documentary stamp taxes, on the other hand, are fees imposed on documents and agreements used as evidence of a transaction such as the sale of property.

The BIR wants the couples held in violation of Section 254 of the Tax Code, which penalizes attempts to evade taxes, and Section 255, which punishes acts such as the failure to file tax returns or the failure to pay, withhold or remit taxes to the government.

Section 254 carries the penalty of fines of up to P100,000 and between 2 to 4 years imprisonment, while Section 255 metes out penalties of up to 10 years imprisonment and a fine of at least P10,000.