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    Date: 2023-04-14 11:46:09.291903

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    Date: 2023-04-14 15:12:29.777609

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BIR FORM 2316 not provided by Employer

Requested from BIR by A. Anoos at 11:46 AM on Apr 14, 2023.
Purpose: Personal
Date of Coverage: 01/01/2022 - 02/15/2023
Tracking no: #BIR-129117407951

Anoos 11:46 AM, Apr 14, 2023 

Good day!

I worked for an organization from January 01, 2022 to February 15, 2023. I have already resigned, and I'm now working at a different company.

However, I have not received the following from my previous employer: 
1. BIR Form 2316 for the CY ending 2022 covering January 2022-December 2022 
2. BIR Form 2316 for January 01, 2023-February 15, 2023
3. Clearance and copy of the certificate of employment
4. Last pay

I did a full 30-day turnover and completed the clearance process. I already requested for the documents twice but still have not yet been provided.

Arcita 03:12 PM, Apr 14, 2023 

April 14, 2023

Dear Mr. Anoos:

I refer to my letter of Apr 14, 2023 11:46:09 AM about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for BIR FORM 2316 not provided by Employer.

In reply, please be informed of SECTION 2.83.1. Employees Withholding Statements (BIR Form No. 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 whom taxes were withheld a Certificate of Compensation Payment and Tax Withheld (BIR Form No. 2316) on or before January 31 of the succeeding calendar 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. The said BIR Form No. 2316 is also required to be issued by every employer to employees classified as Minimum Wage Earners (MWEs) and to other employees whose compensation were not subjected to withholding tax.

The employer shall prepare BIR Form No. 2316 in triplicate, which shall be distributed as follows:

(1)	Original – Employee’s copy;
(2)	Duplicate – BIR’s copy; and
(3)	Triplicate- Employer’s copy which shall be retained for a period of ten (10) years.”

In this regard, kindly, provide us the Complete Name of your Employer for Calendar Year 2022-2023; Employer's TIN Number; and Employer's Business Address, for us to coordinate and/or endorse your request to the Revenue District Office (RDO) where your employer is registered.

Emailed the requested information at sherry.ann.arcita@bir.gov.ph and indicate in the email subject ticket number #BIR-129117407951, 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 Jul 07, 2023 07:06:20 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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