Actor Richard Gutierrez, company facing P38.57 million tax evasion case

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Metro Manila (CNN Philippines, April 21) — The Bureau of Internal Revenue (BIR) has filed a P38.57-million tax evasion case against actor Richard Gutierrez and his production company.

The criminal complaint was filed Friday before the Justice Department, BIR said in a news release.

The bureau said Gutierrez, as President of R Gutz Production Corp., attempted to evade paying taxes and failed to file income tax returns in 2012. These are in violation of several sections of the National Internal Revenue Code of 1997, or the Tax Code, the bureau said.

Investigators said Gutierrez and the company failed to disclose revenue from services amounting to P39.60 million.

"The summary list (of services) submitted by the respondents' clients disclosed revenue of P39,915,935.75 while revenue declared by the respondents per tax returns filed was P311,111.08," the BIR said.

GMA Network Inc. also told BIR that it paid R Gutz Production Corp. around P39.91 million.

These resulted in BIR's assessment of an estimated deficiency in tax liabilities amounting to P38.57 million, inclusive of surcharges and interests.

CNN Philippines is trying to reach Gutierrez for comment.

Should he be found guilty of a tax violation, Gutierrez could face up to four years of imprisonment and be fined up to P100,000 according to Section 254 of the Tax Code.

Section 253 states that "in the case of associations, partnerships or corporations, the penalty shall be imposed on the partner, president, general manager, branch manager, treasurer, officer-in-charge, and the employees responsible for the violation."

For failure to file the ITR, Gutierrez may be fined up to P10,000 and imprisoned for not more than 10 years, based on Section 255 of the Tax Code.

Aside from Gutierrez' possible penalties, R Gutz Production Corp. could also be fined up to P100, 000.

Gutierrez becomes the 21st taxpayer charged under the Run after Tax Evaders (RATE) Program under this administration, BIR said.

The program aims to run after high-profile tax evaders.