Bureau of Internal Revenue

Badeo 10:37 AM, Sep 26, 2023

September 26, 2023

Dear Ms. Elgincolin:

I refer to my letter of Sep 26, 2023 12:52:19 AM about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for BIR 2316.

Please be informed that under Section 12. Section 2.83.1 of RR No. 2-98, as amended, is hereby further amended to read as follows:

“SECTION 2.83.1. Employees Withholding Statements (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 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 is also required to be issued by every employer to employees classified as 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 (10) years

It is suggested and highly recommended that the aforesaid Withholding Tax Certificate (BIR Form 2316) was been provided by your employers to you after it was submitted to the Revenue District Office (RDO) and it is advisable if you maintained a file copy of the documents. 

You may directly request for a copy of your ITR (BIR Form 2316) for the year 2021 and 2022 from your (previous) employer/s as they are primary/original source of such document.

* For BIR Form 2316 issued for Taxable Year 2023 the RDO does not have a copy of the BIR Form. The RDO gets a hold of the said form upon submission of your employer to them on February 28, 2024.

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 Dec 19, 2023 02:34:46 AM, your request will be closed.

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

Thank you.

Respectfully,

Alternate FOI Receiving Officer
Public Information and Education Division