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Pacquiao did not declare income from US in 2009 – BIR's Henares
By DANESSA O. RIVERA, GMA News
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(Updated 6:56 p.m.) There was nothing to deduct from the 2009 income tax liability of Sarangani representative and boxing champ Manny Pacquiao because he did not declare his income in the US for the taxable year, Commissioner Kim Henares of the Bureau of Internal Revenue (BIR) said Thursday.
"Ito yung problema ng 2009 ITR (income tax return) niya, wala siyang i-dineklarang American income, i-dineklara lang niya 'yung Philippine source income at under declared pa," she said in a press briefing.
According to Chapter VII, Sec. 34 of the National Internal Revenue Code, a Filipino citizen can avail of credit against tax for taxes of foreign countries if the taxpayer "signifies in his return his desire to have the benefits."
"Ang batas natin, kung Pilipino ka at residente ka ng Pilipinas, kailangan i-deklara mo lahat ng income mo saan mang lupalop ng mundo mo kinita," Henares said.
'Certified true copy?'
In 2009, Pacquiao, the Forbes' list's 14th highest paid athlete in the world, had two boxing matches – both of which were held in Las Vegas, Nevada.
In a live interview on GMA News TV's “QRT” Thursday evening, Henares said Pacquiao should sit down and talk with his lawyers and accountants to clarify the bureau's assessment on his tax liability.
"Alamin nila kung ano yung assessment [ng BIR] sa kanila... Sa local endorsement, kumuha kami ng kontrata sa mga kumpanya. Yung sa abroad, ginawa namin inassess namin s'ya, wala naman s'yang sinabi na mali sa assessment sa kanya," she said.
What Pacquiao must do to resolve this issue once and for all is simple, according to the BIR chief.
"Ang pinaka-klarong paraan para ma-resolve ang issue ay bayaran 'yung pagkautang ng buwis n'ya," Henares said.
In a separate interview, Pacquiao's lawyer Tranquil Salvador maintained his client already submitted to the BIR all necessary documents.
"Ang jurisdiction ay nasa CTA (Court of Tax Appeals) na. Kung may isa-submit na dokumento ay sa CTA na," he added.
In 2009, Pacquiao, the Forbes' list's 14th highest paid athlete in the world, had two boxing matches – both of which were held in Las Vegas, Nevada.
He took home a $12 million purse and approximately $24 million, or 52 percent, of pay-per-view buys estimated at $47 million in the fight against Hatton, according to reports.
In his match against Cotto, Pacquiao earned a minimum $13 million purse and roughly $45.5 million, or 65 percent of pay-per-view buys estimated at $70 million.
Still, the BIR commissioner said they gave Pacquiao more than leeway, two long years "out of respect for him" – to submit to the Philippine tax collector what he filed before the US Internal Revenue Service.
"Ngayon naman kay Mr. Pacquiao... nagwawagayway siya ng return... 'di ko alam kung ano ang winawagayway nya, kung certified true copy o photocopy," Henares said.
"Binigyan namin sya ng dalawang taong pagkakataon... pero kung sa tutuusin, too late na 'yan," Henares said.
On Wednesday, Pacquiao showed to GMA News a purported copy of his US nonresident alien income tax return for the 2008 and 2009.
Tax experts on Wednesday said the boxer must show proof that he paid taxes in the US.
Tax experts on Wednesday said the boxer must show proof that he paid taxes in the US.
The BIR commissioner stressed that what they need is the original o certified true copy of the document.
"So the way to settle it is to answer all of these queries by the BIR and not to engage in a media war," the President added. – VS, GMA News
'Answer all BIR queries...'
Henares said the BIR did not wait for Pacquiao to return from his boxing match against Mexican-American Brandon Rios in Macau last Sunday, Nov. 24., to freeze his bank accounts.
Two days after the match, Pacquiao claimed in a surprise briefing that his bank accounts were frozen over P2.2 billion in tax liabilities.
But Henares said the warrant was issued on July 1 after Pacquiao failed to file a protest or an appeal within 30 days against the BIR's assessment.
Pacquiao even asked the CTA on August 1 to review the claims made against him by the bureau.
"Sinusunod lang namin ang batas. 'Di siya sini-single out... binigyan pa namin s'ya ng maraming leeway. Ang batas isa lang 'yan, i-a-apply mo sa lahat ng tao, pantay-pantay 'yan," the BIR commissioner said.
In an interview in Bohol, President Benigno Aquino III defended the BIR against Pacquiao's allegations of harassment, noting that the process started two years ago.
"With all due to respect to Congressman Pacquiao, if he believes that he has complied with all the necessary rules and all the necessary laws, then I’m sure he has all the evidence to... afford," he said.
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