Bureau of Internal Revenue

Arcita 10:54 AM, Jun 13, 2023

June 13, 2023

Dear Ms. Brillantes:

I refer to my letter of Jun 09, 2023 12:34:45 AM about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for BIR Form 2316.

We called your mobile number today, June 13, to validate your existing eFOI request, however, it was unsuccessful.

In order to identify or locate the requested information, we are seeking for further clarification specifically, does your mother an Individual Earning on Purely Compensation Income from the period January - December 2022 from the government institution? or under a Job Order Contract?

If your mother is indeed employed for the period January-December 2022, her EMPLOYER is required to issue a copy of her BIR Form 2316 for Calendar Year 2022 pursuant to Section 2.83.1 of Revenue Regulations No. 02-98, as amended which provides that “The EMPLOYER shall furnish each employee with the original copies of Form No. 2316 xxx.” As proof that your taxes were withheld. This will serve as your Income Tax Return (ITR).

The duty therefore to provide the copy of your mother's ITR/BIR Form No. 2316 for a taxable year rests upon to her employer. Her “ITR” is her personal document and as such her employer must release said document to your mother  as a matter of right or better yet, if she have her payslips for the said year, she can give the same to help them come out with her BIR Form No. 2316.

For other concern, kindly email sherry.ann.arcita@bir.gov.ph and indicate in the subject email ticket number #BIR-739978079702, to respond.

During the period of us awaiting your reply, your request will be put on hold. If we do not receive a reply on or before Sep 05, 2023 02:41:53 AM, your request will be closed.

We hope to hear from you at the soonest possible time.

Thank you.

Respectfully,

FOI Receiving Officer
Public Information and Education Division