Embassy of the Republic of Indonesia

June 8, 2018 DA ITAD BIR RULING NO. 022-18 Principle of Reciprocity; BIR Ruling No. ITAD-294-11 Embassy of the Republic of Indonesia 185 Salcedo St. Legaspi Village Makati City Gentlemen : This has reference to your Note No. PK/0635/V/2018 dated May 9, 2018 referred to this Office by the Department of Finance and the Department of Foreign Affairs, requesting for the exemption from the payment of value-added (VAT) and ad valorem taxes on the local purchase of a motor vehicle for the official use of the Embassy of the Republic of Indonesia, specifically described as follows: ACIEaH Type of Use: Official Make: Toyota HiAce Super Grandia LXV 3.0 AT Model Year: 2018 Color: White Pearl Frame Number: JTFST23P8J0036225 Engine Number: 1KD2796131 In reply, please be informed that Article 34 of the Vienna Convention on Diplomatic Relations reads: " ARTICLE 34 A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except: (a) indirect taxes of a kind which are normally incorporated in the price of the goods and services; xxx xxx xxx" Thus, the tax exemption privilege of an Embassy and its diplomatic agents does not include exemption from VAT on its local purchases of goods and services. In other words, purchases by that Embassy of goods and/or services shall, in general, be subject to the VAT prescribed under Sections 106 and 108 of the National Internal Revenue Code of 1997, as amended. However, applying the principle of reciprocity, this Office may confirm exemption of the Embassy of the Republic of Indonesia and/or its personnel on their local purchase of motor vehicles it appearing from the list submitted by the DFA dated February 2, 2018 that the Government of the Republic of Indonesia allows similar exemption to the Philippine Embassy and/or its personnel on their purchase of motor vehicles in Indonesia. In view thereof, the local sale of one (1) unit of 2018 Toyota HiAce Super Grandia LXV 3.0 AT for the official use of the Embassy of the Republic of Indonesia, being an exempt entity, shall be exempt from ad valorem tax and subject to VAT at zero-percent (0%) rate pursuant to Section 106 (A) (2) (b) of the NIRC of 1997 as amended. (BIR Ruling No. ITAD-294-11 dated November 23, 2011) This ruling is issued on the basis of the facts as represented. However, if upon investigation it shall be disclosed that the actual facts are different, then this ruling shall be without force and effect insofar as the herein parties are concerned. Very truly yours, Commissioner of Internal Revenue By: (SGD.) LARRY M. BARCELO Head Revenue Executive Assistant Legal Service