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Ex-BIR examiner accuses Henares of sitting on P1.5-B tax case

Othello Delanon, a former Bureau of Internal Revenue examiner, has filed a complaint against BIR Commissioner Kim Jacinto-Henares for allegedly sitting on a P1.5-billion tax defficiency case involving Golden Donuts, Inc. (GDI), the exclusive Philippine franchisee of Dunkin' Donuts.
In a exclusive interview aired on GMA News' “24 Oras” Friday evening, Delanon said he informed Henares in 2010 of GDI's tax deficiency of more than P766 million, based on the assessment he conducted on the company's income for 2007.
Including the penalties and interests, Delanon assessed the overall deficiency at around P1.5 billion.
“In reference to the 2007 deficiency tax assessment amounting to P1,564,426,808.08 including increments, against Golden Donuts, Inc. (GDI)...which Bureau of Internal Revenue Commissioner Kim S. Jacinto-Henares declined to either enforce collection thereof or take legal action against the corporation for deliberately not declaring its correct sales in tax returns,” Delanon said in a complaint he filed before the Office of the Ombudsman on Jan.29.
GMA News obtained a copy of the complaint.
Delanon, who resigned as BIR examiner late last year, suspects that there might be anomalies behind Henares' alleged inaction on his findings.
“Itong stockholder secretary daw ng Golden Donuts, si Ms. Marixi Prieto, ay nakipag-usap daw kay Commissioner Kim Henares at saka kay (BIR regional) director Nestor Valeroso, at mukhang binigyan ng leniency ang tax payer,” Delanon said
“After my resignation, sabi ko aalis ako sa bureau para ilaban ito,” he said.

Henares meanwhile denied sitting on the case. She said representatives of GDI complained of inaccuracies in Delanon's assessment, that was why she ordered a review of it twice.
“Pinaimbestigahan natin ng ilang beses, at sa mga imbestigasyon na yan, lumalabas na hindi naman tama yung assessment ni Mr. Othello [Delanon],”Henares said.
Henares did not disclose how much GDI owed the government in taxes, but denied meeting with GDI's officials to settle the case under the table.
“Si Marixi Prieto, hindi ko naman puwedeng sabihin na hindi ko nakakausap, in the sense na palagi ko nakikita yan sa vin d'honneur eh, sa mga state event sa Malacañang. Pero, in the first place, alam naman ng mga tao na hindi ako nangangausap pag tungkol sa assessment,” she said.
Sought for a reaction, GDI said there were inaccuracies in Delanon's 2007 tax assessment, as only 20 percent of the Dunkin' Donuts franchises nationwide is owned by GDI. The company said the rest of the Dunkin' Donuts franchises declare their incomes separately.
“The alleged deficiency in 2007 taxes of P1.56 Billion was computed by the previous BIR examiner, Mr. Othello Dalanon, on the basis that the sales of the franchisees were also sales of Golden Donuts, Inc. (GDI). Upon verification by the new [BIR] examiner...the sales of the franchisees are not part of the sales of GDI, thus it was deleted in their findings,” GDI said in a statement.
GDI refused to disclose how much was its recomputed tax deficiency was, but said it was already settled in 2012, “24 Oras” reported.
“The result of the re-examination was explained to GDI through the Agreement Form which was eventually settled on October 1, 2012,” the statement said.
Henares meanwhile said Delanon could face charges for violating confidentiality as a BIR examiner. Delanon said he is ready to face any investigation. — Elizabeth Marcelo/JDS, GMA News