Bureau of Internal Revenue(BIR)

June 7, 2023 Dear Ms. Allam: I refer to my letter of Jun 07, 2023 09:57:37 AM about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for BIR Form No. 2316. We called your mobile number today, June 7 to validate your existing eFOI request, unfortunately, our call are unsuccessful. Please be informed “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. Please be informed also, that the requested BIR Form No. 2316 for Calendar Year 2017 are already unavailable since the Revenue District Office (RDO) follow strictly the four (4) year retention period based on existing revenue issuances of the BIR (Revenue Memorandum Circular 73-2008). Hence, All Taxpayers (including your former employer) are required to preserve their accounting records for the period of 10 years in accordance with the Revenue Memorandum Circular No. 29-2019. For other concerns, email [email protected] and indicate in the email subject ticket number #BIR-951413375710, 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 Aug 30, 2023 04:32:57 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