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BIR files P61-M tax evasion raps vs Napoles couple

Posted on September 26, 2013

MANILA, (PNA) — The Bureau of Internal Revenue on Thursday filed before the Department of Justice tax evasion charges against businesswoman Janet Lim Napoles (P44.68 million) and her husband Jaime Garcia Napoles (P16.43 million).

Janet Napoles is the alleged “brains” behind the P10-billion pork barrel scam and the P900-million Malampaya fund scam.

In a press conference, BIR Commissioner Kim S. Jacinto-Henares said they charged Janet and her spouse Jaime Napoles for willful attempt to evade or defeat tax for taxable years 2004, 2006, 2008, 2009, 2010, 2011 and 2012 under Sections 51(A)(1)(a) and 74 in relation to Section 254 of the Tax Code.

Likewise, Janet Napoles was charged with deliberate failure to supply correct and accurate information in her Income Tax Return for taxable years 2004, 2006, 2008 and 2009 and for failure to file her ITRs for taxable years 2010, 2011 and 2012.

Spouses Napoles are both registered taxpayers of the BIR with addresses at Suite 2502 Discovery Center, 25 ADB Ave., Ortigas Center, Barangay San Antonio, Pasig City and at San Isidro St., Ayala Alabang Village, Muntinlupa City.

However, the registration of Janet Napoles was cancelled in 2010.

Spouses Napoles during the years 2004 to 2012 were able to purchase and register in their names various real properties, a number of motor vehicles, several insurance policies and club shares.

They also invested millions of pesos in various new corporations.

The acquisitions consisted of condominium units in City & Land Mega Plaza and the Discovery Center, parcels of land in Pangasinan and Kidapawan City, insurance policies with Insular Life Assurance Co., Ltd., Philippine American Life & General Insurance Co., Inc., and Philippine Axa Life Insurance Corp., and vehicles such as Ford Lincoln Navigator, Honda Civic and Porsche Cayenne.

Henares said Janet Napoles’ total acquisitions amounted to P4.17 million in 2004, P22.29 million in 2006, P4.35 million in 2008, P9.84 million in 2009, P6.33 million in 2010, P5.64 million in 2011 and P6.89 million in 2012.

However, she only declared as income in her ITR P195,800 in 2004, nothing in 2006, P100,744.59 in 2008 and nothing in 2009.

She did not file any ITR for the years 2010, 2011 and 2012.

On the other hand, Jaime Napoles’ total acquisitions amounted to P1.42 million in 2004, P5.51 million in 2006, P780,000 in 2008, P9.25 million in 2009, P2.1 million in 2010, P1.17 million in 2011 and P3.65 million in 2012.

He failed to file any ITR for the said years except in taxable year 2009 where he declared nothing.

Henares said the total income tax liability of Janet Napoles was P44.68 million, inclusive of surcharges and interests.

Jaime Napoles was assessed a total tax liability amounting to P16.43 million, inclusive of surcharges and interests.

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