The Department of Justice (DOJ) has filed four tax evasion cases against private contractor Sarah Discaya over her alleged failure to declare and pay the correct income taxes for 2020 and 2021.
DOJ spokesperson Atty. Raphael Niccolo Martinez said at a press briefing on Thursday that the cases were filed before the Court of Tax Appeals on February 3.
Two of the cases involve alleged violations of Section 254 of the National Internal Revenue Code (NIRC) for her supposed “willful attempt to evade or defeat” her income tax liabilities for 2020 and 2021. The other two cases cite violations of Section 255 of the NIRC for allegedly failing to provide correct and accurate information in her income tax returns for the same years.
Martinez added that the filing of cases against Discaya’s husband, Curlee, was deferred as he filed a motion for reconsideration. “Because of this filing, the BIR, as a matter of procedure, was asked to comment,” he said.
The DOJ earlier said its prosecution panel found “prima facie evidence with reasonable certainty of conviction” to indict the Discaya spouses for violations of Sections 254 and 255 of the NIRC over their income tax liabilities as proprietors of St. Gerrard Construction General Contractor and Development Corp. and Fine Things Fashion Wear House.
However, the DOJ dismissed the complaint of non-payment of excise tax against the Discayas under Section 263 of the NIRC in connection with their imported vehicles.
“Under the NIRC, liability for excise taxes rests with the importer, not the end consumer,” the Office of the Prosecutor General said in a statement on February 4.
