The Bureau of Internal Revenue (BIR) has required all employers to submit the duplicate copy of BIR Form 2316 (Certificate of Compensation Payment/Tax Withheld) of their employees who are qualified for substituted filing to the BIR.
The issuance of the BIR Revenue Regulations (RR) 11-2013 now prescribing the mandatory submission of employers the duplicate copy of the BIR Form 2316 to the BIR not later than February 28 following the calendar year. Failure to submit/file BIR Form 2316 on or before February 28 following the close of the calendar year will merit a penalty of P1,000 for each BIR Form No. 2316 not filed WITHOUT any maximum threshold.
Moreover, two consecutive NONCOMPLIANCE of the submission including the failure to provide accurate information, failure to deduct, withhold, and remit withholding taxes shall be punished by a fine of not less than Ten Thousand Pesos (P10,000.00) and suffer imprisonment of not less than one (1) year but not more than ten (10) years.
Also, failure to furnish BIR Form 2316 shall be grounds for the mandatory audit of payor’s income tax liabilities (including withholding tax) upon verified complaint of the payee. Section 2.83 of Revenue Regulations No. (RR) 2-98, as amended, every employer is required to furnish its employees (including minimum wage earners) BIR Form 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 last payment of compensation is made.