Embassy of the United States of America

July 26, 2018 DA ITAD BIR RULING NO. 030-18 Principle of Reciprocity; BIR Ruling No. ITAD-053-14 Embassy of the United States of America 1201 Roxas Boulevard Manila, Philippines 1000 Attention: AAA _______________ Gentlemen : This has reference to your Note No. 1390 dated July 2, 2018 referred to this Office by the Department of Finance and the Department of Foreign Affairs (DFA), requesting for the exemption from the payment of value-added (VAT) and ad valorem taxes on the local purchase of two (2) units of motor vehicles for the official use of the Embassy of the United States of America, specifically described as follows: HSAcaE Make and Model Model Year Chassis Number Motor/Engine No. Color Toyota Innova 2.8 V Diesel A/T 2018 PA2AA3EM7H0031126 1GD0338410 Blackish Red Toyota Innova 2.8 V Diesel A/T 2018 PA2AA3EM1H0031140 1GD0338507 Alumina Jade 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 and ad valorem which are indirect taxes, on their local purchase of goods and services. In other words, purchases by that Embassy or its agents of goods and/or services shall, in general, be subject to the VAT and ad valorem tax under Sections 106 and 149 of the National Internal Revenue Code of 1997, as amended, respectively. However, applying the principle of reciprocity, this Office may confirm exemption to the Embassy of the United States of America and/or its personnel on their local purchase of motor vehicles since it appears from the list submitted by the DFA dated February 2, 2018 that the Government of the United States of America allows similar exemption to the Philippine Embassy and/or its personnel on their local purchase of motor vehicles in the United States. In view thereof, the local sale of two (2) units of Toyota Innova 2.8 V Diesel A/T for the official use of the Embassy of the United States of America, being an entity exempt, 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-053-14 dated May 15, 2014) 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 OIC-Assistant Commissioner Legal Service