Bureau of Internal Revenue(BIR)

Hi Mam/Sir, I would like to request copy of ITR (BIR Form 2316) from January 2019 to 2023

January 30, 2023

Dear Ms. Isonza:

I refer to my letter of Jan 28, 2023 10:50:43 AM about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Request of copy of ITR (BIR Form 2316).

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

It is suggested that you directly request for a copy of your ITR (BIR Form 2316) from your previous employer/s as they are primary/original source of such document.

For BIR Form 2316 for Taxable Year 2022, that will be provided to you by your employer this January 31, 2023. The Revenue District Office (RDO) gets a hold of the said BIR Form upon submission of your employer to them on February 28, 2023.

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 Apr 24, 2023 02:37:42 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

Hi po, for this January 31, 2023.
Nagresign na po ako last January 20, 2023, so in this case po pwede ko po irequest sa inyo ang copy or I will request sa old employer ko po?

For the past years po, 2019 and below, sa inyo din po irerequest or sa BIR office na po?
Thanks po.

May 4, 2023

Dear Ms. Isonza:

Greetings!

Thank you for your request dated Jan 28, 2023 10:50:43 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for Request of copy of ITR (BIR Form 2316).

Response to your request

We called your mobile number today, May 4, to validate your existing FOI request but it was unsuccessful. We thereby assume that you are not anymore interested to pursue the same and will be cancelling or closing it for the time being.

Please be informed, please be informed 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.

Kindly coordinate with your employer if you have not receive a copy of your BIR Form 2316 for Calendar Years 2019-2023.

Thank you.

Respectfully,

FOI Receiving Officer
Public Information and Education Division