Guidelines in prosecuting tax law violations
A formal assessment by the CIR is unnecessary to impose civil liability for unpaid taxes
Published in Daily Tribune on December 14, 2023
by: Mary Jasmin Zennaia M Balasolla
Taxpayers must exercise caution before they decide to violate the tax laws after the Supreme Court in People v. Mendez (G.R. Nos. 208310-11 & 208662, 28 March 2023) emphasized that a deficiency tax assessment is not a prerequisite for the collection of civil liability in cases of unpaid taxes during criminal prosecutions.
The decision, penned by Associate Justice Mario V. Lopez, denied Joel C. Mendez’s (Mendez) petition for review on certiorari while partially granting the Office of the Solicitor General’s petition.
Mendez had contested the Court of Tax Appeals, or CTA, finding him guilty of violating the National Internal Revenue Code, while the OSG challenged the CTA’s failure to impose a civil liability on Mendez.
Mendez, a sole proprietor operating under various trade names and businesses, faced criminal charges in 2006 for violating Section 255 of the National Internal Revenue Code. The charges included not filing his 2002 Income Tax Return for P1,522,152.14 and willfully providing incorrect information in his 2003 ITR, causing prejudice to the government estimated at P2,107,023.65.
The CTA Division found Mendez guilty of both criminal charges. Regarding his civil liability, the CTA Division held that a final assessment by the Commissioner of Internal Revenue was necessary before holding a taxpayer civilly liable for deficiency taxes. The CTA en banc upheld Mendez’s conviction and the non-imposition of deficiency taxes, prompting both Mendez and the OSG to appeal to the Supreme Court. The Court rejected Mendez’s petition and upheld his conviction, deeming his arguments a mere repetition of those previously considered by the CTA.
Guidelines for Prosecution of Criminal Tax Law Violations and Civil Liability
In resolving Mendez’s civil liability, the Supreme Court outlined guidelines for the prosecution of criminal tax law violations and their corresponding civil liability:
1. No prior assessment required. In criminal tax cases, a prior assessment is not necessary. The criminal action serves as a collection case, requiring the government to prove the accused’s guilt and civil liability for taxes through competent evidence, excluding an assessment.
2. Suspension of Civil Action. If the government initiates a civil suit or files an answer to the taxpayer’s petition for review before the CTA before the criminal action, the civil action is suspended until final judgment on the criminal case. The civil action may be consolidated with the criminal action, and the judgment in the criminal case includes a finding of the accused’s liability for unpaid taxes.
Applying these rules to Mendez, the Court determined that the civil action for collecting deficiency taxes is considered instituted since the prosecution filed a criminal case. Consequently, a formal assessment by the CIR is unnecessary to impose civil liability for unpaid taxes. However, the determination of deficiency taxes should have occurred at the CTA Division level, so the case was remanded to the CTA Division for the assessment of Mendez’s civil liability.
Mendez received a sentence of one to two years imprisonment and a P10,000 fine. The CTA Division was instructed to promptly determine his civil liability for taxes and penalties.
In conclusion, the above-mentioned recent Supreme Court ruling serves as a stark reminder to taxpayers regarding the weight of the legal consequences for tax law violations. The decision not only affirmed convictions but also provided clear guidelines, shaping the interplay between criminal prosecutions and civil liabilities.
As taxpayers navigate the complexities and technicalities of taxation, this ruling stands as a crucial precedent, emphasizing the need for diligence and adherence to legal requirements.
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