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No BIR 2316 from previous employer

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1 No BIR 2316 from previous employer on Thu Nov 11, 2010 10:06 am

Jin


Arresto Mayor
Hello,

I'm sure you can help me with my inquiry,I'm an employee of a private company then I resigned and worked to other company,
My previous employer did not yet give my BIR 2316, they said they will just give that after I settle my remaining accountabilities.
My question is, can I still file my ITR even though I dont have BIR 2316 from my previous employer? And does an employer have the rights not to give or to hold the BIR 2316 of an employee?

Thanks,
Jin

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2 Re: No BIR 2316 from previous employer on Thu Nov 11, 2010 4:13 pm

attyLLL


moderator
technically, no, they don't have the right to withhold it. Nevertheless, you will have to file a complaint at the BIR to get them to do something about it.

you can still file your ITR. you can add an explanatory note that your old employer is withholding your 2316. you can substantiate your tax payments with payslips instead.


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3 Re: No BIR 2316 from previous employer on Fri Nov 12, 2010 10:28 am

Jin


Arresto Mayor
Thank you very much for that information.

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4 Re: No BIR 2316 from previous employer on Fri Dec 02, 2011 4:39 pm

arthursaunar


Arresto Menor

Hi I also have an issue with this 2316, since my previous employer is not releasing it, unless all the accounts are all cleared. It seems that my former employer just do not want to release it due to some personal matters. So it is absolute that the employer do not have the right in not issuing this certificate..If it is. how fast does the BIR address this kind of problem?

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5 Re: No BIR 2316 from previous employer on Sat Dec 03, 2011 8:14 am

attyLLL


moderator
normally not fast enough, but they won't unless you file the complaint.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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6 Re: No BIR 2316 from previous employer on Sun Dec 14, 2014 9:11 pm

Airzhore


Arresto Menor
Hi sir,
My concern is the same . Yung dati kong employer ayaw ibigay ang 2316 form for the period January-June 2014 . Last day ko sa kanila ay July 15,2014
When I asked them if I can get a copy of my 2316 they said " they are too busy to entertain my request"

Is that legal?
And also what if...


What if my previous employer doesn't file my income tax for the period of Jan -June 2014? What will happen to all tax deducted from my salary and commission?
Will they refund all the taxes deducted from my salary and commission?

Hope you can help me.
Thank you

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