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    Date: 2023-11-10 20:07:58.443442

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    Date: 2023-11-13 10:24:05.409627

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BIR Form 2316 not provided by previous company

Requested from BIR by M. Pidlaoan at 08:07 PM on Nov 10, 2023.
Purpose: To be sent to my previous and current employer
Date of Coverage: 11/10/2023 - 11/10/2023
Tracking no: #BIR-579393864074

Pidlaoan 08:07 PM, Nov 10, 2023 

Hi, I resigned last August 1, 2023. I am asking my previous employer if they can give me a copy of BIR form 2316 so that I can submit it to my current employer.

My previous employer said they don't have my Form 2316 even in the year 2022. I don't know why is that, they just said that the previous HR before them didn't or haven't provided them my issued ITR. They said that they only provide those who have and I am not included in their list even though I started working with them March of 2022. What should I do? Can I file ITR myself or my previous company should do it?

Thank you.


November 13, 2023

Dear Ms. Pidlaoan:

Greetings!

Thank you for your request dated Nov 10, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for BIR Form 2316 not provided by previous company.

Response to your request

We called your mobile number today, November 13 to validate your existing eFOI request, however, the cellphone number indicated in your request form is incorrect.

Please be guided accordingly:

1. BIR Form No. 2316 for Calendar Year 2023 is not yet submitted by your employer to the Revenue District Office (RDO) where they (employer) is registered. The submission of the document is on February 28, 2024.It is the employers responsibility to provide you a copy of the document in case, your employment with them has terminated before the end of this year.

2. BIR Form No. 2316 for Calendar Year 2022, it is also the responsibility of your employer to provide you a copy of the document for CY 2022 pursuant to Section 83 of the 1997 Tax Code and Section 2 [2.83.1] of Revenue Regulations (RR) No. 3-2002, respectively. 

The EMPLOYER shall furnish each Employee/s with the Original Copies of BIR Form No. 2316 as Proof that your Taxes were Withheld and this will serve as your Income Tax Return (ITR).  EMPLOYER is required to issue BIR Form No. 2316 on or before January 31 of Every Year and On the Day the Last Payment of Compensation is Paid.    

3. The RDO where your employer is registered will provide you a copy of the BIR Form No. 2316 for CY 2022 in case, your employer has submitted Annex F (Certified List of Employees Covered by substituted Filing) and which your name is included in the list. If you are not included in the list, the RDO concerned would not be able to provide you a copy.

4. You may file your BIR Form No. 1700 through Offline Electronic BIR Forms Package (downloadable at the BIR website, www.bir.gov.ph) or manually at the RDO where you are registered, attach and consolidate your 2316 received from your employer within the year or bring with you your payslip for reference.

Thank you.

Respectfully,

FOI Receiving Officer
Public Information and Education Division

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