How to compute for last Pay

Dear Atty.

I luckily visited this site and read through all your advices to your readers. That was a big help for them. I am hoping that you could help me out also with my concern.

I just recently received my last pay this week and I found out that they didn't include tax return for the computation of my last pay. I just started w/ the company last Jan.'11 and decided to resign after 4 months. The way I understand the computation of last pay, it includes the hold salary, 13th month pay, my cash bond and the tax return since I wasn't able to complete my 1 year with them.

I asked the Payroll Officer regarding this matter but she told me that in the company there is no such thing as computation of tax return/refund. She didn't explain to me further her reasons for this.

And, in case they'll be taking charge of my tax remittance, should I need to demand any certification? I think a 'W2 form or BIR 2316' or the like shall be issued as a proof that my withholding taxes were already settled as a proof with my to my new employer. Total witholding tax for the 4 months amounting to 4,639.40. Can I still claim this one?

Hope I could hear from you soon.

you have to do the math to determine whether you are entitled to a tax refund.

BIR Form No. 2307
Certificate of Creditable Tax Withheld at Source
Description:

A Certificate to be accomplished and issued to recipients of income subject to expanded withholding tax paid by a Payor/Withholding Agent including government money payments made by a government office showing therein the monthly breakdown of the total income payments made and the total taxes withheld and remitted during the quarter/period.

BIR Form No. 2316
Employer's Certificate of Compensation Payment / Tax Withheld
Description:

A Certificate to be accomplished and issued to each employee receiving salaries, wages and other forms or remuneration by each employer indicating therein the total amount paid and the taxes withheld therefrom during the calendar year.

This Certificate in turn should be attached to the Annual Income Tax Return (BIR Form 1700 - for individuals receiving purely compensation income, or BIR Form 1701 for individuals with mixed income).


I think TS is entitled to the 2316. I've not seen employees receive the form 2307 in the companies i've been with.

Thank you for the advices. I just want to clarify if I could really demand for a "tax return" or not. My present employer told me that all the witholding taxes should be returned to me or in the other hand my previous employer should need to present something as a proof that they have remitted all the taxes that they got from me since I only stayed w/my previous employer for four months only. On the other hand, my previous employer was claiming that there is no instances yet that they are returning those taxes that they got from the employee. No concrete documents also that they could provide.

I just want to know my right as an employee, I am not actually more after w/ the money that I'll be getting. I just want to prove to my previous employer that "Hindi lahat ng empleyado, pwede nila lamangan lagi", which is always the normal set-up. Somehow, I just wanted them to learn a lesson so that they couldn't do it anymore to other people.

Hope you could still help me out.

Not ALL - only the excess - of the WHT should be returned.

All your current employer needs is your 2316 which shows your income earned and tax deducted.

Thank you so much for the enlightenment