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    Date: 2023-05-03 13:57:37.454690

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    Date: 2023-05-04 12:27:00.178270

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BIR 2316

Requested from BIR by A. Bea at 01:57 PM on May 03, 2023.
Purpose: ITR Filing
Date of Coverage: 05/03/2023 - 05/03/2023
Tracking no: #BIR-354481320287

Bea 01:57 PM, May 03, 2023 

Hi, my contract from my previous company ended last June 2022. And now at my current company, I was asked for my BIR 2316 from previous employer as it is needed for manual ITR filing this April 2023. I asked my previous employer last March 31, 2023 for my 2316 form and they said they will have to request first so that the accounting can compute. And as of today May 3, 2023, they are not responding to my emails and messages as I follow up my request. 

They have not issued any 2316 to us yet. So it is my first time requesting it. Should I wait or can I request it directly to BIR?

Arcita 12:27 PM, May 04, 2023 

May 4, 2023

Dear Ms. Bea:

I refer to my letter of May 03, 2023 01:57:37 PM about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for BIR Form 2316.

In reply, kindly ask your former employer the following:

a. if they were able to submit Notarized Annex F - List of employees Qualified under Substituted Filing and scanned copies of BIR Form 2316 of all the employees to the Revenue District Office (RDO) where your former employer is registered last February 28, 2023?

b. if they were able to submit, your name must include in the Annex F (transmittal list) for our RDO to be able to provide you a copy of your BIR Form 2316 submitted by your former employer and being your withholding agent.

Please be informed, that that “ALL EMPLOYERS WITH EMPLOYEES, WHETHER OR NOT THEY ARE MINIMUM WAGE EARNERs (MWEs), ARE REQUIRED TO ISSUE BIR FORM NO. 2316. 

BIR FORM NO. 2316 SHOULD BE ISSUE ON OR BEFORE JANAURY 31 FOLLOWING THE CALENDAR YEAR, OR, IF THE EMPLOYEE IS TERMINATED BEFORE THE END OF THE CALENDAR YEAR, ON THE DAY THE LAST SALARY OF THE EMPLOYEE IS PAID”

The duty therefore to provide you a copy of your ITR/BIR Form No. 2316 for a taxable year rests upon your employer. Your “ITR” is your personal document and as such your employer must release said document to you as a matter of right or better yet, if you have your payslips for the said year, you can give the same to help them come out with your form 2316.

For assistance, kindly email sherry.ann.arcita@bir.gov.ph and indicate in the subject email ticket number #BIR-354481320287, 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 27, 2023 04:16:53 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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