Solenn Heussaff denies tax evasion charges in counter-affidavit

Actress and TV host Solenn Heussaff on Tuesday dropped by the Department of Justice in Manila to deny charges of tax evasion. Heussaff's lawyer, Jose Layug Jr, told reporters that apart from submitting a counter-affidavit at the DOJ, their camp also presented four witnesses to refute claims made by the Bureau of Internal Revenue that she owed the government P3.6 million in tax liability. According to the complaint filed by the Bureau of Internal Revenue at the DOJ, the French-Filipina model declared a taxable income of P3.3 million for the year. However, upon checking with her clients and employers, among them GMA Network, San Miguel Brewery Inc, Ginebra San Miguel, Penshoppe and Tape Inc., the BIR said she actually earned at least P13.39 million in 2011. The BIR said her underdeclaration constituted prima facie (Latin for at first sight) evidence of fraud. It assessed her deficiency tax liability at P3.6 million, including surcharge and interest. Layug said they raised three points in Heussaff's counter-affidavit, namely: there was violation of due process; there was no probable cause; and that she had no willful intent to evade taxes. "Ang BIR kasi... may procedure tayong sinusunod and part of that procedure is the conduct of the preliminary investigation," the lawyer said., "Have we been given the opportunity to explain the problem during a preliminary investigation at the BIR? We could have discussed the documents before it was filed before the Department of Justice," Kayug added. Layug said two of their witnesses are accountants who testified that Heussaff was not accorded due process. "The witnesses testified that they went to the BIR to know the problem but they were turned down by the BIR and told them to just wait for the case to be filed at the DOJ. Ayaw silang sagutin tungkol sa problem," the lawyer said. The two other witnesses were Heussaff's manager and her own accountant "to prove the point that no one has been directing her to cheat her tax." Layug said there was no willful intent on Heussaff's to evade tax liability, adding that she had been regularly paying her tax dues. "There might have been errors, but it could have been corrected if the BIR gave us the chance to explain why there were errors during a preliminary investigation," Layug said. Layug said the next hearing for the preliminary investigation was set for June 19. Apart from Heussaff, the BIR also pressed charges against the certified public accountant she hired, Teofilo C. Magno Jr., for violating Section 257 of the National Internal Revenue Code or making false entries in his client’s audited financial statement. — DVM, GMA News