The Bureau of Internal Revenue (BIR) filed charges against him yesterday for allegedly failing to file income tax returns from 2000 to 2003.
Gomez denied the accusation, claiming the complaint was in reprisal for his support of the late Fernando Poe Jr.’s failed presidential bid last year.
Gomez asked the BIR to give him an opportunity to clear up the matter. He has been in Hong Kong vacationing with his family since Wednesday. "I don’t want this to reach the courts. I want to settle this right away. It might be a case of not finding the right documents in their haste to file these charges against me," he said.
Two relatives of a former military official under investigation for allegedly acquiring ill-gotten wealth were similarly charged along with Gomez.
BIR Commissioner Guillermo Parayno said Gomez was tagged by the bureau’s computer tracking system for failing to file income tax returns during the period.
"The only BIR transaction Gomez made was the payment of documentary stamp tax for P786,795 on November 2003 for the acquisition of a Forbes Park property worth more than P52 million," Parayno said.
He said that Gomez — Richard Frank Icasiano Gomez in real life — had met with BIR officials through his bookkeeper and accountant and claimed that he had no income for 2003 and "did not earn anything in 2000 and 2001."
However, Parayno said the BIR’s automated system indicated that Gomez earned "substantial amounts of money from 2000 to 2003" but "deliberately did not pay the corresponding taxes for his earnings."
Parayno said it was "unthinkable for a bankable actor like Richard Gomez not to earn anything during all those years."
"His failure to file his income tax returns exposes his willful attempt to conceal his true income," he said. "It is clear that he intended to evade taxes."
Finance Undersecretary Emmanuel Bonoan said revenue officials have already met with Gomez’ accountant to discuss the case.
"Their reports only made the case worse for Mr. Gomez," Bonoan said. "They said they lost the copies of his income tax returns."
Based on the BIR’s preliminary investigation, Bonoan said Gomez actively pursued his profession as an actor, model, commercial talent, product endorser and host from 2000 to 2003.
"His professional fees from the two largest television networks alone averaged more than P1 million per year," Bonoan said. Gomez also made several films with Regal Films, Viva Films and Star Cinema during the period, while also endorsing products for Bench and Squibb Vitamin E.
Gomez allegedly submitted an income tax return for 2002 amounting to P1.5 million but did not declare his source for the acquisition of his Forbes property.
Gomez said the complaint was hasty because he only received a notice from the BIR about his alleged tax deficiencies last week.
"We were surprised when suddenly the BIR filed this tax evasion case. Why? That’s the question. Why did they have to file this case when the whole idea is for us to come to settle this thing without reaching the courts," he told The STAR in a telephone interview. "Why does it have to happen this way? Where’s due process here?"
Gomez suspected that the complaint was in retaliation for opposing the Arroyo administration. "I’m very vocal about how I feel about this government," he said. "But just because I’m a very high-profile person, it does not mean I’m rich."
He said, for instance, he opposed a plan to expand the value-added tax (VAT), which would be imposed on the power and energy industries and professional services, among other sectors that were previously exempt.
"There are other people like Jose Pidal who admitted having P300 million. Why don’t they run after the big fish?" he said, referring to First Gentleman Jose Miguel Arroyo, who was accused in 2003 by Sen. Panfilo Lacson of money laundering using local bank accounts under the fictitious name of Jose Pidal. The Senate inquiry on the matter seems permanently docked.
Gomez is allied with former president Joseph Estrada, the arch nemesis of President Arroyo. He was Estrada’s adviser on youth during the latter’s administration, which was cut short in 2001 by a military-backed popular uprising following allegations of massive corruption against the former actor.
Gomez also backed the late actor Fernando Poe Jr.’s bid for the presidency in last year’s election. Poe accused Mrs. Arroyo, who won by a narrow victory, of cheating in the polls.
Poe lodged an electoral protest before the Supreme Court, but he died in December before the tribunal could issue a ruling. His complaint was junked last month. The court, sitting as the Presidential Electoral Tribunal, ruled that the complaint died with Poe.
His allies claim the tax evasion complaint is politically motivated.
"Of all people with possible tax liabilities, Richard is being singled out. I think this is political harassment," said House Minority Leader Francis Escudero, an Estrada ally. "If it is not, then the government should charge all those with deficient tax payments regardless of political color."
He claimed that some businessmen with tax violations were being ignored because they backed Mrs. Arroyo in the last elections. "The government’s problem with Richard is that he was a staunch supporter of the late Fernando Poe Jr. and he believes, like millions of Filipinos, that FPJ won the presidency."
But Parayno insisted politics had nothing to do with it.
"I don’t know the political inclination of Mr. Richard Gomez. But he has long been under tax audit investigation by the BIR since last year," he said. "The BIR would be liable for not performing its duty if we do not pursue this case against him. We have a continuous process of ferreting out tax evaders with our computerized monitoring system and it just so happened that the chips fell on him."
Bonoan said the actor was tagged using the BIR’s computerized tracking system. "Mr. Gomez had highly visible sources of income that should have been taxed," he said. "There are simple tools of analysis that brought out the information and firmed up the case."
Aside from Gomez, the BIR also filed tax evasion charges yesterday against the sister of a military official under investigation for allegedly amassing wealth illegally.
Maria Isabel Yambao and her husband, Edgardo, owned three properties in Metro Manila even though they had no visible means of income.
Yambao is a sister of retired general Jacinto Ligot, a former comptroller in the military. Ligot’s successor, retired general Carlos Garcia, is currently facing court martial on similar ill-gotten wealth charges.
Garcia’s case has cast a huge pall over the military’s image, which has suffered from persistent allegations of corruption.
Bonoan said the couple owned a house in a Muntinlupa City subdivision, a condominium unit at One Burgundy Plaza in Loyola Heights, Quezon City, and a residential unit at Camp Aguinaldo in Quezon City.
"The couple acquired the Burgundy Plaza condominium in 1999 and three luxury vehicles from 2001 to 2003 in addition to another unit at Essenssa East Forbes Condominium," Bonoan said. "The total cost of these properties at the time of their acquisition was P31.68 million."
The money that the Yambaos used to purchase the properties "represents unreported income," he said.
The campaign on tax evasion is part of the Arroyo administration’s efforts to bridge the chronic budget deficit, which analysts warn could lead to a fiscal crisis.
Recently, tax evasion charges were filed against basketball star Paul Asi Taulava, fitness guru Tina Juan and prominent beauty expert Jessie Mendez. — With reports from Marichu Villanueva, Jess Diaz