Revenue Regulations (RR) No. 11-2013 was issued by amending RR No. No. 2-98, last amended by RR No. 010-08.
In cases covered by substituted filing, the employer shall furnish each employee with the original copy of BIR Form No. 2316 and file/submit to the BIR the duplicate copy not later than February 28 following the close of the calendar year.
Under Section 250 of the Tax Code: "In the case of each failure to file an information return, statement or list, or keep any record, or supply any information required by this Code or y the Commissioner on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause and not to willful neglect, there shall, upon notice and demand by the Commissioner, be paid by the person failing to file keep or supply the same, one thousand pesos (P1,000) for each failure: Provided, however, That the aggregate amount to be imposed for all such failures during a calendar year shall not exceed twenty-five thousand pesos (P25,000).
Any employer/withholding agent, including the government or any of its political subdivisions and government owned and controlled corporations, who/which fails to comply with the above filing/submission of BIR Form 2316 within the time required by this Regulations for two consecutive years my be dealt with in accordance with Section 255 which provides in part that "Any person required under this code or by rules promulgate thereunder to pay any tax, make any return, keep any record, or supply correct and accurate information, who willfully fails to pay such tax, make such return, keep such record, or supply such correct and accurate information, or withhold or remit taxes withheld, or refund excess taxes withheld on compensation, at the time or times required by law or rules and regulations shall, in addition to other penalties provided by law or rules and regulations shall, in addition to other penalties provided by law, upon conviction thereof, 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."
The compromise fee shall be P1,000 for each BIR Form No. 2316 not filed without any maximum threshold.
Under RR No. 2-2015, Section of these Regulations shall strictly complied with by all taxpayers registered with the Large Taxpayers Service (LTS); Provided, however, That any non-LTS taxpayer duly registered under the Revenue District Office may, at its his/her option, comply with the said requirements as follows; Provided, further, That the non-LTS registered taxpayer shall no longer be allowed to submit in hard copies thereafter once said taxpayer opted to adopt the requirements by these Regulations.
RR No. 2-2015, Sec. 2.83. Statement and Returns. - In cases covered by substituted filing, the employer shall furnish each employee with the origial copy of BIR Form No. 2316 and, in lieu of the submission of hard copies of the duplicate original thereof, the following procedures shall be strictly observed:
1. Scan the duplicate original copies of BIR Form No. 2316 through a scanning machine or device;
2. Store the soft copies of BIR Form No. 2316 using the "PDF" file format with the filenames alphabetically arranged in a Digital Versatile Disk-Recordable (DVD-R). The filename shall contain the following information:
a. Surname of the employee;
b.Taxpayer Identification Number (TIN) of the employee; and
c. Taxable Period
Example: Dela Cruz_131885220000_12312014
3. Label the DVD-R containing the soft copies of the said BIR forms in accordance with the format prescribed in Annex "B" of these Regulations; and
4. Submit the duly accomplished DVR-R to the BIR Office where the taxpayer is duly registered not later than February 28 following the close of the calendar year, together with a notarized Certification prepared according to the format in Annex "C" of these Regulations and duly signed by the authorized representative of the taxpayer certifying that the soft copies of the said BIR form contained in the DVD-R are the complete and exact copies of the original thereof.
Please refer the following links to read the full text of RR No. 11-2013, RR No. 2-2015 and RMC No. 24-2015
