REVENUE MEMORANDUM CIRCULAR NO. 29-2021 issued on February 26, 2021 prescribes the policies and guidelines for the use of electronic signature (e-Signature) on certain BIR Forms/Certificates.

   The withholding agents or duly authorized representatives of the withholding agents who issue the following BIR Form/Certificate have the option to use e-Signature, aside from the manual signature, on such BIR Forms/Certificates:

a. 2304 – Certificate of Income Payment Not Subject to Withholding Tax (Excluding Compensation Income)
b. 2306 – Certificate of Final Tax Withheld at Source
c. 2307 – Certificate of Creditable Tax Withheld at Source
d. 2316 – Certificate of Compensation Payment/Tax Withheld

   The e-Signature serves as the functional equivalent of his/her manual signature on said Forms/Certificates. In case the withholding agent opts to use e-Signature, approval of the BIR is no longer necessary.
   The Form/Certificate to be issued or affixed with e-Signature, should be the exact replica or copy of the latest version officially printed by the BIR. In case the BIR makes revision or changes in the Form/Certificate (e.g. change in version date, size, etc.), such revised Form/Certificate shall be used.
     The Form/Certificate shall also contain the manual signature/e-Signature of the payee in order to be valid and binding. The e-Signature serves as the functional equivalent of his/her manual signature on said Form/Certificate

The e-Signature made herein gives rise to the following presumptions:
   • the e-Signature is that of the person to whom it correlates;
   • the e-Signature was affixed by that person with the intention of authenticating or approving the electronic document to which it is related or to indicate such person’s consent to the transaction embodied therein; and
   • the methods or processes utilized to affix or verify the e-Signature operated without error or fault.

   In case of falsity or any misrepresentations contained in the issued Form/Certificate, those responsible therefor shall be held criminally, civilly and administratively liable pursuant to the provisions of the Tax Code of 1997, as amended, the Revised Penal Code and other applicable laws. Under Section 253 of the Tax Code of 1997, as amended, in the case of associations, partnerships or corporations, the penalty shall be imposed on the partner, president, general manager, treasurer, officer-in-charge, and employees responsible for the violation.
   The withholding agent shall make sure that the Form/Certificate with e-Signature shall only be issued once. In case of re-issuance or the payee requested for another copy of the Form/Certificate after giving the original copy, the re-issued Form/Certificate should contain a “RE-PRINT” watermark in Cambria font and font size of 144, sample of which is attached as Annex “A” of the Circular. This is to avoid double take up of tax credits, especially with BIR Form No. 2307.