The Bureau of Internal Revenue (BIR) today filed a criminal complaint with the Department of Justice against 515 BUILDERS CORPORATION (BUILDERS), its President WINSTON C. DY and Chief Fianancial Officer OLIVIA S. DY for three (3) counts of willful attempt to evade or defeat the payment of Income Tax for taxable years 2009, 2010, and 2011; three (3) counts of willful failure to make/file a Return for taxable years 2009, 2010, and 2011; and three (3) counts of attempt to make it appear for any reason that the company or another has in fact filed a return for taxable years 2009, 2010, and 2011, in violation of Sections 254 and 255 in relation to Sections 253 and 256 of the National Internal Revenue Code of 1997, as amended (Tax Code).

BUILDERS, a domestic corporation registered with the Securities and Exchange Commission (SEC), is primarily engaged in the construction business with registered address at Unit 718 Tower II, Pioneer Highlands Condominium, Pioneer Street, Mandaluyong City.

Records of investigation showed that BUILDERS willfully failed to file its Annual Income Tax Returns for taxable years 2009, 2010 and 2011, resulting in its willful non-payment of the correct tax aggregating P16.44 million, inclusive of surcharges and interests.

This case came about when BUILDERS was investigated for its tax liabilities for 2009. The audit report stated that subject taxpayer filed a fictitious Income Tax Return (ITR) for 2009. It bore the receiving stamp of the BIR making it appear that BUILDERS filed the said ITR. Records of the BIR revealed, however, that the same was never filed with and received by the BIR.

Copies of BUILDERS’ ITR for taxable years 2010 and 2011 were likewise apprehended during a Tax Compliance Verification Drive (TCVD) conducted by the BIR. Again, said ITRs were verified to be non-existent in BIR records.

BUILDERS was assessed a total tax liability for taxable years 2009, 2010 and 2011 amounting to P16.44 million, inclusive of surcharges and interests, broken down as follows: 2009 – P8.68 million; 2010 – P5.18 million; and P2.58 million

The case against 515 BUILDERS CORPORATION (BUILDERS), its President WINSTON C. DY and Chief Fianancial Officer OLIVIA S. DY is the 134th filed under the Run After Tax Evaders (RATE) program of the BIR under the leadership of Commissioner Kim S. Jacinto-Henares. It is likewise a RATE case of Revenue Region No. 7, Quezon City.