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BIR files Php35.38-M tax evasion rap vs. Fernwood Gardens heir, estate administrator

Posted on August 20, 2015

By Perfecto T. Raymundo

MANILA, Aug. 20 (PNA) — The Bureau of Internal Revenue (BIR) on Thursday filed before the Department of Justice a Php35.38-million tax evasion case against the heir and estate administrator of Fernwood Gardens.

In a press conference, BIR Deputy Commissioner Estela V. Sales said BIR charged Alfonso Veloso De Veyra in his capacity as administrator of the estate of Alfonso Mariano De Veyra for willful attempt to evade or defeat tax, and deliberate failure to file Estate Tax Return (ETR) and pay Estate Tax for taxable year 2006, all in violation of Sections 254 and 255 of the National Internal Revenue Code of 1997.

Mariano De Veyra, who was predeceased by his wife Clemencia V. De Veyra, died intestate leaving behind properties consisting of a parcel of land on which Fernwood Gardens is situated and several improvements.

De Veyra’s gross estate consisted of 7/12 share on the 3,713-square-meter conjugal land worth Php54.15 million and four exclusive properties consisting of improvements on the said lot with a total fair market value of Php4.69 million.

Under the Tax Code, the executor or the administrator shall file the ETR and pay the estate tax due thereon. In the absence of an executor or or administrator, then any person in actual or constructive possession of any property of the decedent.

Investigation show after Mariano De Veyra’s death, Veloso De Veyra took control and possession of all the properties left by the former.

However, BIR records show neither a notice of death nor an ETR was filed and no Estate Tax was paid by Veloso De Veyra as administrator of the estate of Mariano De Veyra.

Sales said as a result of his acts or omissions, Veloso De Veyra was sued for an aggregate deficiency estate tax liability for taxable year 2006 amounting to Php35.38 million, including surcharges and interests. (PNA)

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