DA ITAD BIR Ruling No. 053-10

May 31, 2010 DA ITAD BIR RULING NO. 053-10 Secs. 106 & 108, NIRC of 1997; Article 34, Vienna Convention on Diplomatic Relations; BIR Ruling No. ITAD-002-10 Embassy of the Russian Federation 1245, Acacia Road, Dasmarias Village Makati City, Manila Gentlemen : This has reference to your Note Verbale No. 29-N dated April 14, 2010 referred to this Office by the Department of Finance (DOF) and the Department of Foreign Affairs (DFA), requesting for exemption from payment of value-added tax (VAT) on the local purchase of a motor vehicle for the official use of the Embassy of the Russian Federation, specifically described as follows: Type of Use: Official Make: Toyota Fortuner 4X2 G Gas A/T Model Year: 2010 Chassis Number: MR0ZX69G600023838 Engine Number: 2TRS876131 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." (Emphasis supplied) Thus, the tax exemption privilege of an Embassy and its diplomatic agents does not include exemption from VAT, which is an indirect tax, 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 (NIRC of 1997) as amended. CDHAcI However, applying the principle of reciprocity, this Office may confirm exemption to the Embassy of the Russian Federation and/or its personnel on their local purchase of motor vehicles it appearing from the list submitted by the DFA dated March 22, 2010 that the government of the Russian Federation allows similar exemption to the Philippine Embassy and/or its personnel on their purchase of motor vehicles in the Russian Federation. Hence, the local purchase of one (1) unit of 2010 Toyota Fortuner 4X2 G Gas A/T, for the official use of the Embassy of the Russian Federation is exempt from VAT. (BIR Ruling No. ITAD-002-10 dated March 3, 2010) As for the sale made by a VAT-registered business establishment to the qualified foreign embassy, it shall enjoy the benefit of zero percent (0%) VAT pursuant to Revenue Memorandum Order No. 22-2004. 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, (SGD.) MARISSA O. CABREROS OIC-Assistant Commissioner Legal Service