DA ITAD BIR Ruling No. 072-09

July 31, 2009 DA ITAD BIR RULING NO. 072-09 Sections 106 & 108 of the National Internal Revenue Code of 1997; Article 34, Vienna Convention on Diplomatic Relations; BIR Ruling No. ITAD-67-06 Embassy of Switzerland 24/F, Equitable Bank Tower 8751 Paseo de Roxas Makati City Attention: H.E. Peter Sutter Ambassador Extraordinary and Plenipotentiary Gentlemen : This has reference to your Note Verbale No. 40/2009 dated February 17, 2009, referred to this Office by the Department of Finance (DOF) and the Office of Protocol and State Visits of the Department of Foreign Affairs (DFA), requesting exemption from payment of value-added tax (VAT) on the purchase from Ms. Irene Flueckiger of the Embassy of Switzerland of one (1) locally-purchased motor vehicle (imported by local dealership), by H.E. Peter Sutter, Ambassador Extraordinary and Plenipotentiary of the same embassy, specifically described as follows: Type of Use: Personal Make: 2006 Honda CRV 4x4 2.4 liter, SUV Wagon Model Year: Black n Chassis No.: PADRD 78506V400536 Motor No.: RRMD55-6400537 In reply, please be informed that Article 34 of the Vienna Convention on Diplomatic Relations reads: DCcHIS "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 goods or services; . . . ." (Emphasis supplied) Thus, the tax exemption privilege of an Embassy and its diplomatic agents does not include exemption from the value-added tax (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, both of the National Internal Revenue Code of 1997, as amended. However, applying the principle of reciprocity, this Office may confirm the VAT exemption of the Embassy of Switzerland and/or its personnel on their local purchase of motor vehicles it appearing from the list submitted by the DFA dated February 10, 2009, that the Government of Switzerland allows similar exemption to the Philippine Embassy and/or its personnel on their local purchases of motor vehicles thereat. DITEAc Hence, since the transferor and the transferee of the subject motor vehicle are both VAT exempt individuals, the sale of one (1) unit of 2006 Honda CRV by Ms. Irene Flueckiger, Counsellor/Deputy Head of Mission of the Embassy of Switzerland to H.E. Peter Sutter, Ambassador Extraordinary and Plenipotentiary of the same embassy, for his personal use continues to be exempt from VAT. (BIR Ruling No. ITAD-67-06 dated June 8, 2006) 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.) JAMES H. ROLDAN Assistant Commissioner Legal Service n Note from the Publisher: Copied verbatim from the official document.