Thello Dalanon Dunkin’ Donuts Tax Issue Reached Malacañang Attention. MANILA - The Liga ng Eksplosibong Pagbabago, Inc. (LEP), a Duterte-inspired NGO, chaired by Mr. Leon Estrella Peralta, an active anti-corruption advocate, transmitted to President Rodrigo Roa Read more ... Duterte information about Dunkin’ Donuts tax issue, which Malacañang promptly indorsed to the Bureau of Internal Revenue Commissioner Caesar R. Dulay, for appropriate action. I hope that the BIR, in line with the President’s commitment to change the Philippines into a graft-free country, will take immediate action on the matter to finally put to a halt the flagrant injustice to the Filipino people and bring to justice those who should be held liable. In my postings, I wrote that Philippine Daily Inquirer Chair Marixi Rufino-Prieto firm “Dunkin’ Donuts” deliberately perpetrated fraudulent acts or criminal tax violations with the end view of evading payment of correct taxes. For year 2007 alone, it owes the Philippine Government PhP 1.56 Billion unpaid tax deficit; But Kim Henares and Estela Sales who were then the lead high-ranked officials of the Bureau of Internal Revenue, and Nestor Valeroso, now Deputy Commissioner, intentionally failed to either collect it or pursue tax evasion case against the company despite having knowledge or information of the company’s omissions. Also I wrote and thoroughly discussed Henares’s alibis in concealing the real truth about DD’s tax evasion case. One is that – Henares proudly announced in public that she had DD tax case re-investigated for SEVERAL TIMES (twice) conducted by two (2) different groups of revenue officers who purportedly arrived at the same results, allegedly finding my original tax assessment against the company to be incorrect. However, in her counter-affidavit submitted to the Ombudsman, she denied that she had DD tax case re-investigated. In the same affidavit, she claimed that the case was referred to the regional office in Quezon City, then headed by Nestor Valeroso, purportedly for further determination of existence of fraud and to continue the assessment process. Her defense is very shallow, yet it is surprising that the Ombudsman considered it, without requiring Henares to submit DD tax case docket to determine with certainty the authenticity of the defense allegations. Henares was inconsistent as there was a re-investigation conducted which is NOT GRANTED by law on a FINAL, EXECUTORY and DEMANDABLE tax assessment. Jurisprudence tells us that once the deficiency tax assessment attained finality, the right of the Government to collect the deficiency tax becomes absolute, thus, it precludes the taxpayer from questioning the correctness of the assessment and from raising any justifications or defense that would pave the way for a re-investigation. And once it has become final, it is no longer appealable; and there is now no reason why the BIR cannot continue with the collection of the said tax. The real truth that Henares and other high-ranked officials and officers of the Bureau had actually DEFRAUDED the Government is now slowly and gently coming out. On August 11, 2016, I was at the BIR national office and got the chance to personally view and inspect documents in the possession of the BIR official who is assigned to evaluate the case. The result of the unlawful re-investigation ordered by Henares showed that – of the PhP 1.564 Billion final, executory and demandable tax assessment against DD (or GDI), only more than PhP 4 Million was receipted for the Government’s coffer. This shows an uncollected balance of more than PhP 1.560 Billion. I also noticed that all BIR forms 0500 series attached to the REPORT OF RE-INVESTIGATION were not signed by the Chief Assessment Division and Regional Director of the Bureau’s regional office in Quezon City; it appears that DD’s tax case docket is no longer complete. WHAT DOES IT MEAN? Meanwhile, let us leave this matter to the determination of the BIR official who is now conducting evaluation of the case. Another thing is that, I have not seen any other re-investigation report except the one earlier discussed. Just to reiterate. It may be noted that Henares proudly announced publicly that she had DD tax case re-investigated for SEVERAL TIMES (twice) which she claimed that said re-investigations arrived at the same results, purportedly finding my original tax assessment to be incorrect. I was relayed the information that the other group of revenue officers did not conduct the re-investigation upon learning that my original tax assessment amounting to PhP 1.56 Billion already attained finality, thus, re-investigation is no longer warranted; and that collection thereof should rather be enforced. It is CRYSTAL CLEAR that former Philippines’s Internal Revenue Chief Henares and other high-ranked officials and officers currently still in the Bureau, who are supposed to protect the interest of the Filipino people, CONSPIRED in PERMITTING and ABETTING Philippine Daily Inquirer Chair Marixi Rufino-Prieto firm “Dunkin’ Donuts”, a large taxpayer (a bigtime tax evader) in deliberately DEFRAUDING the Philippine Government BILLIONS in taxes. I have been posting the issue on social media almost every day for more than two (2) years now. And every time I post it on my google account, I always share the same with former BIR chief Kim Henares thru her official email account, with the Department of Finance (reports@perangbayan.com), and BIR contact center (contact_us@cctr.bir.gov.ph). However, up to now, Henares failed to give any satisfactory justifications or defense to clarify the issue. Neither her minions nor Dunkin’ Donuts people shared any explanations or arguments to refute my postings; because they all know that my original tax assessment against the company amounting to PhP 1.56 Billion, which already attained finality, is SOLID as the ROCK OF GIBRALTAR. More particulars may be viewed at www.othelloedalanon.blogspot.com Othello Dalanon

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