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business partner using my TIN, forging signatures

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kmi


Arresto Menor
Hello,

In 2009 I started a business with my father and the business was set up at the my father's property.

The business at that time was under a sole proprietorship in my name.

Sometime in December 2009 my father and I had a falling out and I wanted out of it (the business). I hired an accountant to transfer the business to my father and moved out of the house (lumayas). We have not spoken eversince.

Come end of 2011.. 2012. I eventually learned from the BIR that the transfer of business was done only in the DTI and Mayor's Office..

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kmi


Arresto Menor
Apparently, my father has gotten rid of the accountant and continued to use the receipts and also forged my signature to print more receipts.

To date, I have already closed my TIN (Registrations department) and settled missed/no filings nor books (Collections department) for the last 23 months.

I have already filed an affidavit stating the closure of my business (under my name) and the lost books/docs and receipts which were supposed to be with the now-missing accountant.

I will be speaking with the Assessments department this week where I know I will get penalized. I was also informed that Assessments will be going to the actual property to check if "my business" is still operational.

Since the costs invloved will be great and the BIR might charge me of other things that I am unaware and innocent of, I have plans of suing my father.

My questions are-

-what would be the steps I need to take to have my father pay for all the penalties?
-what would be the steps I need to take to finally get back my TIN and get me out of this mess my father has made?

Many thanks in advance.

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attyLLL


moderator
i think your action is against the accountant, not your dad. but you can seek reimbursement from your father, at least partially.


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kmi


Arresto Menor
attyLLL,

Lumabas ng po yung results ng Assessment Dept ng BIR.

Tax Evasion raw, penalty of 125k. Criminal offense raw? Wala raw ITR for 2009.

I haven't read the full memo. Tinext lng ako ng brother ko.

Per google, Tax Evasion is the use by the taxpayer of illegal or fraudulent means to defeat or reduce the payment of a tax. It is punishable by law.

Examples: Deliberate failure to report taxable income or property; deliberate reduction of income that has been received.

Pambihira. Hindi ako nag-evade ng taxes. The affidavits and documents with the DTI and Mayor's office clearly state that I was trying to transfer the business to my dad.

Yung request for receipts, hindi ko signature nakalagay dun. Saka nasa Singapore ako naghahanap ng trabaho during the incident. Clearly forged ng tatay ko yng mga succeeding documents.


Questions:

1. Ano po steps or actions pwede ko gawin to defend myself? Ayoko magbayad ng ganung halaga.

2. Saan yung venue in case mag file ako ng case? Or yung letter ba ng BIR serves already as a subpeona/demand letter?

3. Dilemna: 'Naman tong tatay ko. Pwede ba ko mag send ng demand letter sa kanya for the amount?

Tia.

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