Bureau of Internal Revenue(BIR)

August 23, 2023 Dear Brenz Kenneth Gamit: I refer to my letter of Aug 17, 2023 02:53:22 PM about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Income Tax Return and/or BIR Form No. 2316 from previous employment. Please be informed that under 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 No. 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 to be issued by every employer to employees classified as Minimum Wage Earners (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 ten (10) years.” Please coordinate with your employers and ask for the copy/copies of your BIR Form 2316 from the Calendar Year 2010 to 2021 if you have not receive a copy/copies. As an added information, the available records of documents in the Revenue District Office (RDO) are from Calendar Year 2020 to 2022. For other concern, email [email protected] and indicate in the email subject ticket number #BIR-274769777446, 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 Nov 15, 2023 12:30:46 AM, your request will be closed. We hope to hear from you at the soonest possible time. Thank you. Respectfully, FOI Officer Public Information and Education Division