【禁闻】艾妻反驳逃税指控 艾未未打破沉默

【新唐人2011年7月16日讯】艾未未获释后,对于当局指控他拖欠税款一事,现在开始回应。7月14号(星期四),艾未未妻子路青和代理律师及税务师,出席北京市地方税务局举行的听证会。艾妻路青表示,这是一个不公开、不公平的听证会。代理律师夏霖也抗议税务局不按照法律规定办事,要求撤销处罚。对此,艾未未首次打破沉默,披露了当局做法的前后不一行为。

7月14号,北京市第二税务局,针对艾未未公司—-“发课设计公司”拖欠税款一案,举行了“听证会”,税务局只允许艾未未妻子路青,也就是这家公司的法定代理人,以及代理律师夏霖和税务师三人参加听证。

“听证会”场外来了许多便衣,也吸引了大批境外媒体,保安则设卡盘查记者。

艾未未首次打破沉默。他不同意举行“闭门听证会”。他向CNN表示:如果想建设一个有效运作的现代社会,像这样的案子的听证会必须是公开的、透明的、有公众出席见证的,否则将会出现很多问题。

艾未未还向《自由亚洲电台》指出,中共当局前后不一的说法。

艾未未:“以前宣称是我的一个税务的问题,现在又完全变成‘发课公司’的一个税务问题了。”

下午1点多“闭门听证会”结束后,路青批评听证会不公平,要求当局退还被扣押的公司账目及文件。

路青:“当然是不公平的,因为这个是不可以不公开的。这个案子是一个很经济、很简单的一个案子。”

艾未未在被拘留期间,“发课公司”的账目被扣查,两位关键人物—-刘正刚经理和会计胡明芬也同时被抓。他们获释后被当局禁止发言。

律师夏霖:“现在我们手上没有任何会计资料。税务涉及到怎么算账的问题,要计算成本,计算收入是多少,成本是多少,有多少利润,我们交了多少税,应纳税的所得利是多少。因为会计资料都被抄走了,这块都不清楚。”

有关官员上个月底来到艾未未在北京的设计公司,表示艾未未在过去十年拖欠税款500万元,当局罚款700万元。北京地税局向艾未未公司发出处罚通知书,追缴税款及罚款1200万元。

出席听证会的代理律师夏霖还对《自由亚洲电台》表示,税务局没有公布“听证会”不公开进行的理由。也没有按照法律的规定,在3个月内返回公司的这些案情资料。

据了解,税务部门将在行政复议之后作出正式决定。而《美联社》报导说,艾未未公司另一名律师浦志强,要求北京地方税务局出示证明“发课公司”逃税的证据。

《纽约时报》报导,艾未未接受了德国大学聘任,但是柏林艺术大学最近表示,根据艾未未目前的处境,难以确定他是否能在近期内赴任。

中共当局之前表示,尽管艾未未获得假释,但他在一年时间内仍处于受调查状态,得随时接受当局的进一步调查。

新唐人记者唐睿、孙宁综合报导。

Ai Weiwei Breaks Silence

After Ai’s release, new details of his tax evasion case emerged.
On July 14, Ai’s wife, Lu Qing, attended a closed-door
hearing at the Beijing Local Taxation Bureau
with her tax accountant and lawyer.
She described the hearing as “unfair.”
Her lawyer, Xia Lin, protested that the tax bureau violated
the law and asked them to drop the penalties.
For the first time, Ai broke his silence and disclosed that
the authorities were “inconsistent in their statements.”

On July 14, Beijing Second Inland Revenue Department held
a hearing for Ai’s Beijing Cultural Development Company
concerning its tax evasion charges.
Only the legal representative of Ai’s company, Lu Qing,
her lawyer, and a tax account were allowed to attend.

The hearing attracted a lot of foreign media
and also brought many plainclothes police.
Security guards questioned and checked every foreign reporter.

Ai broke his silence for the first time, saying that
he did not agree to a “closed-door hearing.”
He told CNN: “To build a functioning, modern society,
a hearing for cases like this must be open, transparent,
and allow for public scrutiny.
Otherwise, there will be a lot of problems.”

Ai also told Radio Free Asia that
Chinese authorities were inconsistent in their statements.

Ai Weiwei:"They previously charged me with tax evasion,
but now they are charging my company,
the Beijing Cultural Development Company, with tax evasion.”

After the hearing was over that afternoon, Lu Qing criticized
the hearing for being unfair and requested that all
seized documents from the company be returned.

Lu Qing: “Of course, it is unfair; it is not a public hearing!
This is a very simple and straightforward case.”

While Ai was still in custody, documents from his company
were seized and two key employees, his accountant,
Hu Mingfen, and manager, Liu Zhenggang, were both arrested.
The pair was later released, as long as they kept silent.

Lawyer Xia Lin: Now, we do not have any information relating
to the tax issue, the income, or profit;
how much tax we’ve already paid,
what the taxable income is, and how much we should pay,
since all the accounting information has been taken away.
We are not clear about anything right now."

Officials came to Ai’s Bejing Cultural and Development Co.
last month to tell Ai that his company owed
taxes of $773,000 and late penalties of $1,083,000.
Beijing Local Taxation Bureau sent Ai a bill of $1,857,000
in overdue taxes and penalties.

Lawyer Xia Lin told Radio Free Asia that the tax bureau
didn’t give a reason why the hearing was not open to the public.
According to the law, all documents taken from the company
should be returned within three months.

Normally, the tax bureau will make a formal decision
on the case after administrative review and consideration.
The Associated Press reported that Ai’s other lawyer,
Pu Zhiqiang, requested that the tax bureau produce
concrete evidence of tax evasion.

New York Times reported that Ai had accepted a job offer
from a German university, Berlin University of the Arts,
but due to Ai’s current situation, the university is uncertain
whether he can assume his position in the near future.

The Chinese authorities say that Ai is still under further
investigation for the next 12 months,
even though he has been released on parole.

NTD reporters Tang Rui and …

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