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BIR files tax evasion raps vs Korean TV host, ad firm Adformatix

The Bureau of Internal Revenue on Thursday filed separate tax evasion cases against an advertising company in Makati City and a Korean television personality from ABS-CBN for evading tax liabilities totaling P72 million.

In a media briefing in Manila, the BIR said it filed charges against ABS-CBN TV host Ryan Bang (Hyun Sung Bang in real life) for violation of Sections 254 and 255 of the National Internal Revenue Code for 2010 and 2011.

The BIR said that based on tax filings made by companies that contracted his services like ABS-CBN Network, Studio 23, and Summit Publishing, Bang had earned a total of P3.05 million in 2010 and 2011.

The BIR computed Bang’s tax deficiency for 2010 and 2011 at P1.8 million, including surcharge and interest.

Bang, however, did not file any income or percentage tax returns for 2010 and 2011, the BIR said.

"Mr. Bang’s failure to file an income tax and percentage tax return deprived government of taxes as he failed to pay the correct amount of taxes," it said.

The BIR said it had earlier issued a letter of authority against Bang to examine his books related to internal revenue taxes for 2010 and 2011.

According to the BIR, the penalties for violating section 254 of the NIRC, or attempting to evade or defeat taxes, are a fine of P30,000 to P100,000 and imprisonment of two to four years.

Meanwhile, the penalties for violating section 255 of the NIRC, or failing to file tax returns and pay taxes, are a fine of at least P10,000 and imprisonment of one to 10 years.

Apart from Bang, the BIR also filed a similar case against Makati-based Adformatix for violating Section 255 of the NIRC or, failing to file correct and accurate information and failing to pay taxes in 2007.

The BIR said it issued a Letter of Authority in July 2009 to Adformatix to examine its books of accounts and other accounting records on internal revenue taxes for 2007.

"The BIR also issued several letter requests to Adformatix from July to September but it refused to present its books for verification or examination," the BIR said.

Based on the BIR's assessment, Adformatix had a tax deficiencies on income tax, value added tax, expanded withholding tax and withholding tax on compensation amounting to P70.78 million.

The BIR issued Adformatix a formal assessment notice in April 2011 and the detailed notice of the discrepancy was served to its authorized representative in May 2011.

Adformatix protested the formal assessment notice but the BIR denied Adformatix’s protest and instead issued a final decision on the disputed assessment in March 2012.

The BIR said its assessment then became final and executory when the advertising firm failed to file an appeal at the Court of Tax Appeals within the 30-day period required.

The BIR then served a preliminary collection letter in may 2012 and a final notice before seizure was served but Adformatix ignored all of them.

Included in the charge sheet were the the firm's president Liane E. Vergara, and its treasurer Nestor V. Reantaso.

Adformatix legal counsel Manuel R. Samson issued a statement in response to the charges: “Regarding the news item on Adformatix alleged tax evasion case filed against it by the BIR, suffice it to state here that Adformatix has not received any summons or subpoena from the courts or DOJ regarding the alleged case.

“The report is wrong in that it accuses Adformatix of tax evasion, when the issue is tax deficiency. Adformatix has been paying its taxes religiously from the time it was incorporated in 1969 up to the present. The assessments have been protested and are still the subject of motions for reconsideration which have not been resolved. The news item talks of 2007 or 2008 assessments which are already beyond the 3-yr limitation period imposed by law.  So, how can the case be filed in 2013?

“At present, Adformatix, Inc. is no longer in operation and is just awaiting a 3yr liquidation period before it is officially dissolved.  Also, Mr. Nestor V. Reantaso was just hired last year and was not an officer in 200

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