Bureau of Internal Revenue

May 10, 2022

Dear Ms. Melissa Albert:

Greetings!

Thank you for your request dated May 07, 2022 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

You request for your Income Tax Return (ITR) for Taxable Year 2022.

In reply, please be informed that you can do either of two (2) things:

1.  Filing/submitting of BIR Form No. 2316 itself under Revenue Regulations No. 11- 2013:

In cases covered by “substituted filing” – the income tax on which has been correctly withheld (tax due equals tax withheld), the employer shall furnish each employee with the original copy of BIR Form 2316 and file/submit to the BIR – Revenue District Office where registered the duplicate copy of the return not later than February 28 following the close of the calendar year. BIR Form 2316 will suffice and thus becomes the “substitute” income tax return of the employee.

Filing/submitting BIR Form 2316 beyond February 28, a penalty of one thousand pesos (P1,000) will be imposed under Section 250 of the Tax Code.

2. Filing BIR Form 2316 as an attachment to BIR Form 1700:

An employee is required to file his/her Annual Income Tax Return (ITR) using BIR Form 1700 on or before April 15 of the year following the applicable taxable year where he/she is not qualified under the substituted filing scheme.

On the other hand, an employee who is qualified for substituted filing may voluntarily file his/her return for purposes of loans, foreign travel requirements and for other purposes they may deem proper using BIR Form 1700.

Under both cases, BIR Form 2316 is filed/submitted as an attachment to BIR Form 1700.

Filing of BIR Form 1700 and payment of taxes due thereon, if any, beyond April 15 is subject to penalties provided under the National Internal Revenue Code of 1997, as amended.

Your BIR Form 2316 for Taxable Year 2021 serve as your recent ITR while for Taxable Year 2022 it has not yet been filed as filing of the said ITR for 2022 will be next year. 
Thank you.

Respectfully,
Sherry Ann Cuyos
FOI Officer