Ermita gold trader, together with his CPA , “refined” with P249.5M tax evasion suit

The Bureau of Internal Revenue (BIR) today filed with the Department of Justice (DOJ) a complaint against RASHDI CAMLIA SAKALURAN (Sakaluran) for four (4) counts of willful attempt to evade or defeat tax and four (4) counts of deliberate failure to supply correct and accurate information in his Income Tax Returns (ITRs) for taxable years 2006, 2007, 2008 and 2009, in violation of Sections 254 and 255 of the Tax Code.

Sometime in August 2010, Sakaluran, a resident of 485 UN Avenue, Ermita, Manila, was included in the list given by the Bangko Sentral ng Pilipinas (BSP) to the BIR containing the names of individuals who had gold transactions with the BSP. He is a registered taxpayer of BIR Revenue District No. 33, Ermita-Malate-Intramuros-Port Area, Manila.

Documents obtained from the BSP showed Sakaluran sold (refined) gold amounting to P364.65 million to the former in the years 2006 to 2009. A comparison of the said sales with the total gross income he declared in his ITRs of P1.62 million revealed he grossly under-declared his income by more than 30% amounting to a whopping P363.03 million.

Under Sec. 248 (B) of the Tax Code, an under-declaration of taxable income by more than 30% constitutes prima facie evidence of a false or fraudulent return or fraud tantamount to tax evasion.

Sakaluran was assessed deficiency income taxes for four (4) taxable years in the aggregate amount of P249.50 million, inclusive of surcharges and interests, broken down as follows: P106.32 million – 2006; P88.94 million – 2007; P47.83 million – 2008; and P6.40 million - 2009.

ARLENE B. GUTIERREZ was likewise charged in her capacity as the Independent Certified Public Accountant (CPA) who examined the books of accounts and other accounting records of Sakaluran and for issuing an unqualified opinion in her certification of the latter’s financial statements for 2008 to 2009 despite the abovementioned underdeclarations, in violation of Section 257 of the Tax Code.

The case against RASHDI CAMLIA SAKALURAN , together with his CPA ARLENE B. GUTIERREZ, is the fifty-third (53rd) filed under the Run After Tax Evaders (RATE) Program of the BIR under the leadership of Commissioner Kim S. Jacinto-Henares. (reytdlc)