Tax Notes: BIR still accepts BIR Form 2316 without actual signature of employee

Last Jan. 17, 2022, the Bureau of Internal Revenue (BIR) issued a tax advisory reiterating Revenue Memorandum Circular (RMC) No. 18-2021 that allows employer-taxpayers to submit to the BIR copies of Certificate of Compensation Payment/Tax ithheld for Compensation Payment With or Without Tax Withheld (BIR Form No. 2316) for the calendar year ended Dec. 31, 2021, even without the signature of the concerned employee, provided that the BIR Form No. 2316 is duly signed by the authorized representative of the employer-taxpayer.

Further, the authorized representative of the employer-taxpayer can sign the BIR Form No. 2316 manually (wet signature) or electronically (e-signature) as mandated in RMC No. 29-2021.

The employer-taxpayer 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.

Submission of BIR Form No. 2316 shall be through electronic Audited Financial Statements (eAFS) System, Universal Storage Bus (USB) memory stick or other similar storage devices, or Digital Versatile Disk-Recordable (DVD-R). Manual filing of BIR Form No. 2316 to the BIR is no longer allowed.

Deadline for submission of BIR Form No. 2316 for those employees under substituted filing is on or before Feb. 28, 2022.

Please be guided accordingly.

Source:

P&A Grant Thornton

Certified Public Accountants

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