BIR files tax evasion complaint vs. Harry Roque, wife Mylah, associate

The Bureau of Internal Revenue (BIR) on Monday filed a criminal complaint against former presidential spokesperson Harry Roque, his wife Mylah, and Percival Sazon Ortega for alleged tax evasion involving Biancham Holdings and Trading, Inc.

In a statement, BIR said the respondents did not file the required tax returns and pay the taxes due on the transfer of shares and the increase in authorized capital stock.

“The total estimated tax deficiency amounts to more than P3.35 million, inclusive of surcharges and interest,” BIR said.

It accused the respondents of willful attempt to evade tax under Section 254 and failure to file tax returns under Section 255 of the National Internal Revenue Code of 1997.

'Politically motivated'

In a social media post on Monday, Roque said the complaint filed by the BIR is part of a “continuing pattern” of actions that are “politically motivated."

“These filings form part of a continuing pattern of actions which we believe are politically motivated and intended to harass and pressure individuals associated with, or perceived to be supportive of, the Duterte administration,” Roque said.

“We view these developments with serious concern as they raise fundamental issues regarding fairness, equal protection, and the impartial administration of justice,” he added.

Roque called the complaint “legally and factually baseless,” pointing out that there had been no issuance of shares pursuant to the alleged increase in authorized capital stock and the all required tax returns had been properly and diligently filed in accordance with the law.

“Absent actual issuance or subscription of shares, there is no taxable event that could give rise to liability under Philippine tax law,” Roque said.  “The allegations are therefore premised on a misunderstanding of basic corporate and tax principles. Any suggestion of tax liability at this stage is unfounded and premature."

He also said his camp would address the allegations through appropriate legal remedies.

“We remain confident that a fair and impartial review of the facts will confirm the correctness of our position,” he said. "We call for fairness, restraint, and strict adherence to due process, and we will continue to defend our rights under the rule of law."

Roque has accused Congress of “power tripping” following contempt and arrest orders issued against him due to his alleged link to illegal operations of Philippine offshore gaming operators (POGO).

This came after Roque initially agreed to submit documents that would explain the increase in his assets under his family’s Biancham Holdings and Trading from P125,000 in 2014, P3.125 million in 2015 and P67.7 million in 2018.

Under Section 254 of the Tax Code, tax evasion is punishable by a fine of P500,000 to P10 million and imprisonment of 6 to 10 years.

Meanwhile, those violating Section 255 may face fines and up to 10 years of imprisonment, in addition to payment of the unpaid taxes. —LDF/VBL, GMA News