05/02/15
Another delinquent Makati City eFPS taxpayer charged with willful failure to pay tax
Another delinquent Makati City eFPS taxpayer
charged with willful failure to pay tax
The Bureau of Internal Revenue (BIR) today filed a criminal complaint with the Department of Justice against ENSOGO, INC. (ENSOGO) and its responsible corporate officers – President KRIT D. SRIVORAKUL, and Treasurer XELYNNE Q. DE LARA – for Willful Failure to Remit Tax and Deliberate Failure to Pay Tax as defined and penalized under Sections 251 and 255 in relation to Sections 253 and 256 of the National Internal Revenue Code of 1997, as amended (Tax Code).
ENSOGO and its responsible corporate officers were charged for their failure to remit taxes withheld and for failure to pay the corresponding expanded/withholding tax on compensation and value added tax (VAT) for the period October 31, 2011 to October 31, 2014 in the total amount of P36.14 million, inclusive of surcharge, interest, and compromise penalty.
The respondent company is a Philippine corporation registered with the Securities and Exchange Commission (SEC) and the BIR with registered address at 2nd Floor, W Office Building, 28th Street corner 11th Avenue, Bonifacio Global City. It provides marketing services to its merchants, who are engaged in the leisure, catering and entertainment industries.
BIR Makati City records of investigation showed that ENSOGO is a withholding agent mandated to withhold taxes on various income payments to its suppliers and to withhold taxes on the compensation of its employees. It is likewise an Electronic Filing and Payment System (eFPS) taxpayer.
Investigators discovered that ENSOGO electronically filed its withholding tax and VAT returns but deliberately, willfully, and continuously failed to remit taxes withheld and/or pay the corresponding withholding taxes and VAT due thereon, whether electronically or manually resulting to considerable revenue losses for the government.
Demand letters (Notice to Taxpayer Availing the eFPS and Final Collection Notice to Taxpayer Availing the eFPS) with attached List of Returns Filed Without Payments were issued to ENSOGO demanding payment of the unremitted/unpaid taxes. A Warrant of Distraint and/or Levy was likewise issued and served to collect the unremitted/unpaid taxes. However, despite repeated demands by the BIR for ENSOGO to pay its liabilities through the issuance and service of the said letters and warrants, the respondent failed and continued to refuse to pay the taxes due to the government.
The case against ENSOGO, INC. and its responsible corporate officers – President KRIT D. SRIVORAKUL, and Treasurer XELYNNE Q. DE LARA – is the 331st filed under the RATE program of the BIR under the leadership of Commissioner Kim S. Jacinto-Henares. This is likewise a RATE case of Revenue Region No. 8, Makati City.
