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14 May 2012

BIR sued Oscar Repuyan Badillo, Manila City contractor, for not filing ITR

The Bureau of Internal Revenue (BIR) today filed a criminal complaint with the Department of Justice (DOJ) against Oscar Repuyan Badillo for a count each of willful attempt to evade or defeat tax and willful failure to file an annual Income Tax Return (ITR). He was also charged with three counts of willful failure to file Quarterly ITRs for taxable year 2009, in violation of Sections 254 and 255 of the National Internal Revenue Code of 1997, as amended (Tax Code).
Investigation by the BIR revealed that Badillo was paid P49.22 million (P54.26 million contract price) in 2009 by the City of Manila for the construction of a three-storey building of F. Balagtas Elementary School (Phase III) as evidenced by checks and disbursements vouchers from the City of Manila, together with the official receipt (OR) issued by Royal Trust Construction. Badillo, however, failed to declare such for taxable year 2009.
After a thorough investigation, the BIR uncovered that he made it appear that he filed an ITR with RDO No. 29, Tondo, Manila for taxable year 2009 using a false TIN number. The said return did not go through the Collection and Bank Reconciliation (CBR) system and batching process, making the ITR spurious and/or not filed.
For failing to report taxable income received, Badillo was assessed a total deficiency income tax liability for taxable year 2009 amounting to P30.35 million, inclusive of surcharges and interests.
The case against Badillo is the 106th filed under the Run After Tax Evaders (RATE) program of the BIR under the leadership of Commissioner Kim S. Jacinto-Henares.

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