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    Date: 2022-04-20 22:11:42.819195

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    Date: 2022-04-23 10:42:08.507973

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BIR form 2316

Requested from BIR by J. Diaz at 10:11 PM on Apr 20, 2022.
Purpose: Clarification
Date of Coverage: 04/01/2022 - 04/20/2022
Tracking no: #BIR-124421591300

Diaz 10:11 PM, Apr 20, 2022 

Good day! Just wanted to ask if I can request BIR 2316 from previous employer if hindi po nakapagpa-clearance?

Just a brief info,

I got hired with a new company and given 2 weeks notice to my previous ER. They did not approve/sign it but I still rendered for 2 weeks. 

Now, I am requesting for the tax form for 2021. Can the employer deny/hold the request for the reason that I was not able to process my clearance?

Please advise. Thank you.


April 22, 2022

Dear Ms. Joyth Diaz:

Greetings!

Thank you for your request dated Apr 20, 2022 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for BIR form 2316.

In response to your request, we encourage you to coordinate with your previous employer and find ways on how you can settle the issue and concern/s on your work clearance for them to be able to come up with your BIR Form 2316 as they are the main source of the document.

"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 taxes 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]."

Thank you.

Respectfully,
Sherry Ann Cuyos
FOI Officer

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