Bureau of Internal Revenue(BIR)

October 19, 2022 Dear Ms. Garcia, Greetings! Thank you for your request dated Oct 18, 2022 12:21:41 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your Request You asked for BIR Form 2316. Response to Request 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 We hope that the clarification made by our office thru phone call today, October 19, enlightened you. Thank you. Respectfully yours, FOI Officer Public Information and Education Division