DA ITAD BIR Ruling No. 047-17

November 27, 2017 DA ITAD BIR RULING NO. 047-17 Principle of Reciprocity; BIR Ruling No. ITAD-305-11 Embassy of the State of Qatar Block 4 Lot 6, Santiago Street Paseo De Magallanes Magallanes Village, Makati City Gentlemen : This has reference to your Note No. 2017/0046646/5 dated June 30, 2017 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 State of Qatar, specifically described as follows: cAaDHT Type of Use: Official Make: Toyota Hi Lux 4x4 G DIESEL A/T Model Year: 2017 Color: Attitude Black Frame Number: MR0HA3CD7H0393671 Engine Number: 1GD0268639 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 State of Qatar and/or its personnel on their local purchase of motor vehicles it appearing from the list submitted by the DFA dated June 29, 2017 that the Government of the State of Qatar allows similar exemption to the Philippine Embassy and/or its personnel on their purchase of motor vehicles in Qatar. In view thereof, the local sale of one (1) unit of 2017 Toyota Hi Lux 4x4 G DIESEL A/T for the official use of the Embassy of the State of Qatar, being an entity exempt from VAT, shall be subject to VAT at zero-percent (0%) rate pursuant to Section 106 (A) (2) (c) of the NIRC of 1997 as amended. (BIR Ruling No. ITAD-305-11 dated December 1, 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.) MARISSA O. CABREROS Assistant Commissioner Legal Service