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Delayed and Installment Tax Refund and Withold 13th Month

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naughtynaughty


Arresto Menor

Hi,

I just want to check if a company will be held liable for not refunding the whole amount of over paid tax on or before January 25 of succeeding year.

Our company process is they make two payments of our Tax Refund. 1st payment is 15th of January and the 2nd payment is 30th of January.  

Also, for new employees who have not submitted their 2316, our company will hold 20% of their Christmas bonus as collateral in case there will be taxes needed to be paid after annualization. I don't think this is in line with our Labor Code. Please advise.

Thanks a lot.

council

council
Reclusion Perpetua

naughtynaughty wrote:Hi,

I just want to check if a company will be held liable for not refunding the whole amount of over paid tax on or before January 25 of succeeding year.

Our company process is they make two payments of our Tax Refund. 1st payment is 15th of January and the 2nd payment is 30th of January.  

Also, for new employees who have not submitted their 2316, our company will hold 20% of their Christmas bonus as collateral in case there will be taxes needed to be paid after annualization. I don't think this is in line with our Labor Code. Please advise.

Thanks a lot.

1. Tawad na lang yung 5 days - ibibigay din naman.

2. As to the 2316 - the company may actually impose a higher tax rate (zero-rated, or no exemption) for those who do not submit the document. It's just a matter of give-and-take. Otherwise it may happen that because of tax adjustments, an employee might receive only a very small amount once the taxes are computed properly.

http://www.councilviews.com

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