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Company withholding 2316 and COE because of alleged tax deficit

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SHEILAADONIS


Arresto Menor
Hi! I was working for a company in Taguig and last December, I received a tax refund in the amount of around 16k. But then, come January, I received an email from the company stating that it was suppposed to be a tax deficit and they're ordering me to pay a sum of 23k. My colleagues and I went to BIR to have them check on this and we werr advised that we have nothing to pay.
We had a meeting with our HR head but she insisted that their calculations are correct. Now, to cut the story short, I left the company soon after this and didn't get any backpay because of this tax deficit.
About 2 weeks ago, I sent an email requesting for my 2316 and COE to be sent to me since they told me I can get those documents a month after my resignation. I received a response stating that they will not release my 2316 and COE until I settle my balance with them. Also, I recently found out that my RDO which was supposed to be transferred from Mandaluyong to BGC when I started with them after submitting all the requirements, is something that they didn't do.
My question is, do they have a right to withhold my 2316 and COE because of the error in tax? Am I supposed to suffer for something that was their mistake?
I hope someone can help me. Thank you.

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lukekyle


Reclusion Perpetua
1. pwede kang dumulog sa DOLE regarding sa COE.
2. Even if it was their mistake, it doesn't mean na hindi mo na kelangan isauli ang pera.
Since i dont know the exact details of your inquiry to the BIR, the fact that they told you wla ka nang kelangan ibayad is because the employer pays for your taxes in advance, kaya nga may tax withheld. (If they didn't pay, then that would be a different scenario)
3. Hindi responsibility ng company na itransfer ka ng RDO. They remit withholding taxes lang, which they can do kahit saang rdo ka naka register. Why do you want to transfer RDO's anyways? Its usually connected to your residence.

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SHEILAADONIS


Arresto Menor
lukekyle wrote:1. pwede kang dumulog sa DOLE regarding sa COE.
2.  Even if it was their mistake, it doesn't mean na hindi mo na kelangan isauli ang pera.  
Since i dont know the exact details of your inquiry to the BIR, the fact that they told you wla ka nang kelangan ibayad is because the employer pays for your taxes in advance, kaya nga may tax withheld.  (If they didn't pay, then that would be a different scenario)
3.  Hindi responsibility ng company na itransfer ka ng RDO.  They remit withholding taxes lang, which they can do kahit saang rdo ka naka register.  Why do you want to transfer RDO's anyways?  Its usually connected to your residence.


"Hello. Thank you for your response. My current company needs me to transfer the RDO to Pasay since I moved to a different company. Yung sa RDO, ni request yun ng dati kong company sa taguig. sila daw ang mag mmove ng RDO ko from Mandaluyong to Taguig so we can avoid the hassle.

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lukekyle


Reclusion Perpetua
No they don't.  Kahit pa registered ka sa rdo sa mindanao, your current employer can remit the taxes withheld sa BIR.  Same as taxes withheld from a supplier.  Using that logic kelangan lahat ng suppliers ng company is in the same vicinity?

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SHEILAADONIS


Arresto Menor
lukekyle wrote:No they don't.  Kahit pa registered ka sa rdo sa mindanao, your current employer can remit the taxes withheld sa BIR.  Same as taxes withheld from a supplier.  Using that logic kelangan lahat ng suppliers ng company is in the same vicinity?


Okay. I understand. Thank you. Pero regarding the 2316 and COE na ayaw nila irelease, is that legal?

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lukekyle


Reclusion Perpetua
no its not legal. as i said you can call dole. But remind ko lang, meron kang utang sa employer mo. Not paying them is also "not legal"

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SHEILAADONIS


Arresto Menor
lukekyle wrote:no its not legal.  as i said you can call dole.  But remind ko lang, meron kang utang sa employer mo.  Not paying them is also "not legal"


Okay. Thank you for your help!

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