DA ITAD BIR Ruling No. 086-09

September 11, 2009 DA ITAD BIR RULING NO. 086-09 Sections 106 & 108, NIRC of 1997; Article 34, Vienna Convention on Diplomatic Relations; BIR Ruling No. DA-ITAD-109-06 Embassy of Switzerland 24/F Equitable Bank Tower 8751 Paseo de Roxas Makati City Attention: Mr. Jurg Walter Casserini Counsellor and Deputy Head of Mission Gentlemen : This has reference to your Note Verbale No. 63/2009 dated July 28, 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 local purchase of one (1) motor vehicle for the use of Mr. Jrg Walter Casserini, Counsellor and Deputy Head of Mission of the Embassy of Switzerland, specifically described as follows: Make: Toyota Fortuner 4x2 G Diesel A/T Model Year: 2009 Color: Lithium Frame No.: MHFZR69G703005439 Engine No.: 2KD6319254 In reply, please be informed that Article 34 of the Vienna Convention on Diplomatic Relations reads: TEcCHD "ARTICLE 34 A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except : cTCEIS (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 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 (NIRC 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. Hence, the herein local purchase of one (1) unit 2009 Toyota Fortuner 4x2 G Diesel A/T for the use of Mr. Jrg Walter Casserini, Counsellor and Deputy Head of Mission of the Embassy of Switzerland is exempt from VAT on the basis of reciprocity. (BIR RULING No. DA-ITAD-109-06 dated September 19, 2006) ITESAc 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