Henares, the highest ranked BIR official who robbed billions of Filipino taxes, revealing how the BIR chief cheated the Republic of the Philippines.
Every Filipinos are paying a certain amount of tax to Bureau of Internal Revenue (BIR). The tax being paid by millions of Filipinos to the government are used for infrastructure program, education, charity, and many more activities implemented nationwide for the ascending growth of the country,
Regarding the open letter posted by Othello Delanon who pays billions of tax said that Kim Henares the new chief of BIR robbed billions from Filipino Revenues. Othello said in the letter that he have been posting tax issues in the social media for more than two years now.
Every time he posts the tax issues he always shares it with former BIR Commissioner Kim Henares dubbed as the tax expert. Kim failed to clarify the issue of for leading the counsel of tax evaders. Othello has the original tax assessment with the amount of P1.56 billion against the company.
His tax assessment has become final, executory, solid, and demandable according to him and his crucial accounts made his statement solid. In this letter, Delanon clearly showed how Henares cheated Filipino people by robbing billions of Filipino revenues.
"HENARES, AS THEN THE HIGHEST-RANKED BIR ANIMAL, ROBBED THE FILIPINOS BILLIONS IN COLLECTIBLE REVENUES. I have been posting Golden Donuts, Inc. (GDI) or Dunkin’ Donuts tax issue on social media almost every day for more than two years now. And every time I post it on my google account, I always share the same with former BIR Commissioner Kim Henares thru her official email account, with the Department of Finance (firstname.lastname@example.org), and BIR contact center (email@example.com). However, Henares, dubbed as “tax expert” and lead counsel for the tax evader, failed to give any satisfactory justifications or defense to clarify this. Neither her minions nor Dunkin’ Donuts company which she lawyered for, has shared any arguments or explanations to refute my postings. It is because they all know that my original tax assessment against the company amounting to PhP 1.56 Billion, which has become final, executory, and demandable, is SOLID as the ROCK OF GIBRALTAR. Here are some crucial accounts that made it solid. First – my tax assessment was based on entries reflected in DD’s duly-registered books of accounts (hardbound computer-generated). That DD’s sales as reflected in the said books was significantly higher than that reflected in its Annual Income Tax Return (AITR). Jurisprudence tells us that the books of accounts prevail over tax return when they reflect higher sales, because they are kept and prepared under control and supervision of the taxpayer; and they embody what must appear to be admission against interest. (Paper Industries Corporation of the Philippines vs. Court of Appeals, et al., 250 SCRA 434). The representations made by Dunkin’ Donuts in the said duly-registered books presented by it to the Bureau for audit and examination amounted to admission against interest which it cannot disown or change at its convenience of pleasure. Second – The PhP 1.56 Billion deficiency tax assessment attained finality, because DD’s letter of protest against the Formal Letter of Demand and Assessment Notices (FANs) was INVALID; and that DD failed to submit the required documents within the period required by law. Jurisprudence also 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 attained finality, it is no longer appealable; and there is now no reason why the BIR cannot continue with the collection of the said tax. Third – Dunkin’ Donuts keeps two sets of books of accounts. One is the duly-registered hardbound computer generated books of accounts which were the bases of my tax assessment, and the other is the “manually-posted original books of accounts” which DD admitted and claimed as the basis of its Trial Balance for financial statements and income tax returns purposes. On the basis of these information alone, it can readily be deduced that DD deliberately committed fraudulent acts or criminal tax violations with the end view of evading payment of correct taxes. Kim Henares and Estela Sales, in their counter-affidavits, and even the supporting affidavits of Atty. Rommel Curiba and Wilfredo Reyes, also of the Bureau of Internal Revenue, National Office, failed to give any justifications or explanations to refute all crucial issues that were clearly stated in the Formal Complaint I filed against them before the Office of the Ombudsman. It is just AMAZING that the Ombudsman dismissed the case despite failure of the respondents to give rejoinders to all vital accounts stated in my complaint. The issue is now under scrutiny of the Bureau of Internal Revenue under the current dispensation. I hope that the BIR, in line with President Rodrigo Roa Duterte’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 revenue officials and officers involved in conspiring with Philippine Daily Inquirer Chair Marixi Prieto firm Golden Donuts, Inc. (GDI) or “Dunkin’ Donuts” in defrauding the Government billions in collectible revenues. •••••• Just to reiterate. I wrote in my postings Henares’s alibis in concealing the real truth about Dunkin’ Donuts 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