Tax Alert No. 16 [Revenue Memorandum Circular No. 24-2019 dated 4 February 2019]

Clarifications to the Amending Provisions of RR No. 11-2018 Prescribing the Submission of BIR Form No. 2316 and Certified List of Employees Qualified for Substituted Filing of Income Tax Return (ITR) 

The Commissioner of Internal Revenue has issued Revenue Memorandum Circular (RMC) No. 24-2019 dated 4 February 2019, to clarify and address certain issues on the submission of Certificate of Compensation Payment and Tax Withheld (BIR Form No. 2316) and Certified List of Employees Qualified for Substituted Filing of ITR arising from the amendments introduced by Revenue Regulations (RR) No. 11-2018 to the existing provisions of RR No. 2-98.

I. Submission of BIR Form No. 2316 (duplicate original copy) to BIR Office

Taxpayers registered under the Large Taxpayers Service (LTS) and non-LTS registered taxpayers who opted to comply with the requirements of RR No. 2-2015 will continue to submit the duplicate original copies of BIR Form No. 2316 to the BIR office thru the Digital Versatile Disk (DVD) or, in its absence, thru the Universal Storage Bus (USB) memory stick or other similar storage devices.

II. Submission to BIR Office of Certified List of Employees Qualified for Substituted Filing of ITR (Annex “F” of RR No. 11-2018)

In case additional pages are attached to the certification in order to accommodate additional employees, a reference statement to that effect shall be clearly indicated in the certification. The submission of un-notarized certificate list may be allowed by the BIR provided that all the additional pages or attachments are duly signed by the certifying employer or its duly authorized representative at the bottom of the pages.

This Circular reminds taxpayers that RR No. 11-2018 was issued to implement the TRAIN Law. Hence, the provisions of existing RRs that are inconsistent thereto were accordingly amended while the rest of the unaffected provisions remain in force and effect.

You may access the full version of the Circular through the BIR website.