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Previous employers with BIR issues going after Resigned employee

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Ian John


Arresto Menor
Hi to all,

I hope you can help me regarding this issue.

An employee who resigned year 2015 is currently reached out by his former employer. This employee was issued clearance, final pay and quit claim by the said employer on 2015.

The company has an outstanding issue with the BIR with regards to income taxes which incurred some penalties.  The employee properly turned over files, folders, usernames and passwords to his successor.

Come year 2017, the employer is saying that the resigned employee did not properly turn over the files and folders. Penalty from the BIR reached to 9M pesos. From the time the employee resigned (2015) up to the current year (2017), he did not receive any notice or call or text from the previous employer that the files were missing.

Can they hold the former employee liable and what will be his defense? What obligation the resigned employee incur? What would be the liability of his successor?

Thank you very much!

Best regards,

Ian John

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Patok


Reclusion Perpetua
Why did they cleared him when he resigned?

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lukekyle


Reclusion Perpetua
1. yes if they can prove that there was negligence on the employee 's part then they can hold him liable.
2. no liability on the part of the successor because the issue was before his time. except of course if there was negligence on the successors part as well

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Hi Po ask lang po, makakapag request po ba ng 2316 sa BIR mis mo? Thanks you.

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lukekyle


Reclusion Perpetua
no. 2316 has to come from the employer/withholding agent

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