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    Date: 2023-05-28 18:30:35.350022

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    Date: 2023-05-30 09:12:51.530756

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BIR Form 2316

Requested from BIR by H. Cadalay at 06:30 PM on May 28, 2023.
Purpose: Employment Requirement for first salary claim and be included in the centralized payroll
Date of Coverage: 11/01/2019 - 04/05/2023
Tracking no: #BIR-972294558519

Cadalay 06:30 PM, May 28, 2023 

To whom it may concern, 

I would like to request and hopefully receive a copy of my BIR 2316 form covering the period November 2019 upto April 2023 from my previous employer. This is for the purpose of submitting one of the employment requirement for my new employer and for the purpose of my payroll/salary  claim. It would be very much appreciated if you can send me a copy via email as my first salary claim and employment is on the line. I would be needing the said document on or before June 1, 2023.

Hoping I would hear from you soon.

Thank you very much in advance.

Arcita 09:12 AM, May 30, 2023 

May 30, 2023

Dear Ms. Cadalay:

I refer to my letter of May 28, 2023 06:30:35 PM about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for BIR Form 2316.

In general, every employer or other person who is required to deduct and withhold the tax on compensation, including fringe benefits given to rank and file employees, shall furnish every employee from whose compensation have been withheld the Certificate of Income Tax Withheld on Compensation (BIR Form No. 2316) on or before January 31 of the succeeding year, or if employment is terminated before the close of such calendar year, on the day on which the last payment of compensation is made.[Section 2.83.1 of RR 3-2002]. 

If the employee is qualified for “substituted filing”, BIR Form 2316 will suffice and thus becomes the “substitute” income tax return. Otherwise, the employee is still required to file his/her Annual Income Tax Return (ITR) using BIR Form No. 1700 on or before April 15 of the year following the applicable taxable year and attaching thereto BIR Form 2316.

As to your case therefore, you can demand and secure from the concerned employer said BIR Form No. 2316. Your “ITR” is your personal document and as such your employer must release said document to you as a matter of right.

For other concern, email sherry.ann.arcita@bir.gov.ph and indicate in the subject email ticket number #BIR-972294558519, 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 Aug 22, 2023 01:12:11 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

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