MANILA - Kapamilya actor Richard Gutierrez asked the Department of Justice Thursday to dismiss the P38.57-million tax evasion complaint the Bureau of Internal Revenue (BIR) filed against him and his company, R Gutz Production Corporation.

Actor Richard Gutierrez arrives at DOJ with mom, Anabelle Rama, to file counter-affidavit on his tax evasion case pic.twitter.com/xZadLAj27R

— Ina Reformina (@InaReformina) July 13, 2017

Gutierrez arrived at the DOJ with his mother, talent manager Anabelle Rama, and his lawyers to submit his counter-affidavit ahead of the scheduled July 18 preliminary investigation.

Gutierrez’s counsel Marie Glen Abraham-Garduque said Gutierrez decided to submit his counter-affidavit and defense evidence ahead of time “so as not to delay the proceedings” since he has a prior commitment on the 18th.

In his 10-page counter-affidavit, Gutierrez said his company filed its income tax return (ITR) for 2012 and value-added tax (VAT) returns for the 2nd to 4th quarters of the same year, contrary to the BIR complaint.

The necessary documents to support Gutierrez’s defense, such as R Gutz’s 2012 ITR and VAT returns for the two quarters, were attached to his counter-affidavit.

Gutierrez also pointed out that the company “did not underdeclare its tax liabilities for the year 2012.”

Richard Gutierrez inside prosecutor's office for submission of his counter-affidavit pic.twitter.com/ngi6K1v4eF

— Ina Reformina (@InaReformina) July 13, 2017

The counter-affidavit cited the following sales declarations based on the company's filed VAT returns:

1st quarter: P 311,111.12
2nd quarter: P28,330,707.08
3rd quarter: P8,243,529.29
4th quarter: 3,030,588.18

“Incontestably, the accumulated amount of the foregoing declarations covered the total purchases of P39,915,935.75 claimed by the [BIR]. If there is any discrepancy, the difference is only .08-centavos,” Gutierrez’s counter-affidavit read.

Gutierrez subscribed to his counter-affidavit and attached evidence before State Prosecutor Christine Perolino.