The Makati City local government issued a closure order against Smart Communications Inc. for operating without a business permit since 2019.
According to the order of desistance or closure dated Feb. 23, 2023, the headquarters, located at 6799 Ayala Avenue in Barangay San Lorenzo, Makati City, violated Section 4A.01 of the Revised Makati Revenue Code or City Ordinance No. 2004-A-025.
“You are hereby commanded to cease and desist from further operating your business establishment until such time compliance with the said ordinance is made,” stated the order.
The tech company “failed to settle or obtain any relief from the courts over its franchise tax deficiency worth over P3.2 billion covering the period January 2012 to December 2015,” said the local government.
In 2016, the Office of the City Treasurer (OCT) launched an examination on the company’s tax payments and documents.
Makati City Administrator Atty. Claro Certeza said the city asked the company to submit a breakdown of paid revenues and business taxes for all of its branches nationwide but it refused to present documents.
Smart Communications filed a petition for review at the Makati Regional Trial Court (RTC) Branch 133 in 2019 in order to nullify the OCT’s notice of assessment.
The RTC granted the Makati government’s motion for production and inspection of Smart’s documents.
On May 31, 2019, Smart Communications opposed the city government’s motion and challenged the RTC’s decision before the Court of Tax Appeals (CTA). However, the CTA denied the company’s petition and affirmed the RTC’s approval of the Makati government’s motion in 2022.
The telecommunications company said that the Makati City government has “no jurisdiction to audit the company’s financial statements and operations in other branches nationwide. It insisted that the company has “submitted all records related to its operations within the city and paid the necessary taxes.”
The CTA affirmed the local government’s authority to investigate the company’s operations under the Local Government Code.
“When businesses in Makati choose to operate without a valid business permit, they are essentially operating outside the law. This is unacceptable, and I want to make it clear that we will not tolerate this kind of behavior, whether you are a big or small company,” Makati City Administrator Claro Certeza said in a press statement.
The City’s Business Permits and Licensing Office (BPLO) had closed 191 business establishments for failure to secure business permits.
Mayor Abby Binay urged business owners in Makati to comply with the city’s laws and legally acquire the needed permits and documents before commencing operations.
“I am committed to making sure all businesses are operating legally. It is important for businesses to know that we take these matters seriously and will take action when necessary,” Binay said.
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