DA ITAD BIR Ruling No. 048-16

December 29, 2016 DA ITAD BIR RULING NO. 048-16 Principle of Reciprocity; BIR Ruling No. ITAD-303-11 Embassy of Italy 6/F Zeta II Bldg. 191 Salcedo Street Legaspi Village, Makati City Attention: AAA _______________ Gentlemen : This has reference to your Note No. 2127 dated November 22, 2016 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 tax (VAT) on the local purchase of a motor vehicle for personal use of BBB , __________ of the Embassy of Italy, specifically described as follows: Type of Use: Personal Make: Yamaha XT250 Serow 1YBG Model Year: 2014 Frame Number: DG171-000479 Engine Number: G370E-020287 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. AIDSTE However, applying the principle of reciprocity, this Office may confirm exemption of the Embassy of Italy and/or its personnel on their local purchase of motor vehicles it appearing from the list submitted by the DFA dated May 26, 2016 that the Government of Italy allows similar exemption to the Philippine Embassy and/or its personnel on their purchase of motor vehicles in Italy. In view thereof, the local purchase of one (1) unit of 2014 Yamaha XT250 Serow 1YBG for personal use of BBB, __________ of the Embassy of Italy, being an individual 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-303-11 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