Department of Labor and Employment(DOLE)

Hope you are doing well.

I am writing in through this website to request and hopefully receive a copy of my BIR 2316 form. This is for the purpose of submitting one of the employment requirement for my new employer. Regrettably, my previous employer is not able to provide me with my BIR 2316 and has not responded back to my email / several followup. I worked from June 2021 to November 2022.


It would be very much appreciated if you can send me a copy via email as my employment is on the line — I have to submit this before Feb 14.


I hope to hear from you soon.

Thank you.

February 13, 2023

Dear Anna Carizza Baniel,

Greetings!

Thank you for your request dated Feb 07, 2023 02:28:56 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your Request

You asked for Form 2316 - Year 2022.

Response to Request

Your FOI request is approved. I enclose a copy of the soft copy of the BIR FORM NO. 2316:

https://www.pdffiller.com/jsfiller-desk20/?requestHash=ff11eb7ff8f1af21b0d03d49f9fd0e2e253862f079aba832450325acacf987ff&projectId=1211205795&loader=tips&MEDIUM_PDFJS=true&PAGE_REARRANGE_V2_MVP=true&isPageRearrangeV2MVP=true#730f7764f0c0433db0f2909c7705c8fc

Please be informed, that you may directly request for a copy of your BIR Form 2316 for Taxable Year 2022 (and not 2023) to your employer as they are primary/original source of such document.

It is also stated in “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

As an added note/reference, The Revenue District Office (RDO) gets a hold of the BIR Form 2316 for the year 2022 upon submission of your employer to them on February 28, 2023.

This response if from BIR eFOI requests number:   #BIR-160974311822

You may send them another requests thru:  https://www.foi.gov.ph/requests?agency=BIR

BIR National Office Bldg., BIR Road, Diliman, Quezon City, Philippines
Trunkline: 8981-7000 ; 89297676
Taxpayers with tax queries and concerns may call the Customer Assistance Division (formerly BIR Contact Center) at Hotline No. 8538-3200 or send an e-mail to [email protected].

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Secretary Bienvenido E. Laguesma at DOLE Building, Muralla St., Intramuros, Manila. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.
If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Help us to continuously improve our FOI Program Implementation by accomplishing the DOLE-FOI Request Feedback Form through this link: bit.ly/DOLE-FOIFeedbackForm.

Thank you so much and keep safe!

Respectfully,

Zyra Glerica E. Perlora
FOI Officer