DA ITAD BIR Ruling No. 103-10

December 16, 2010 DA ITAD BIR RULING NO. 103-10 Sections 106 & 108, NIRC of 1997; Article 34, Vienna Convention on Diplomatic Relations; BIR Ruling No. ITAD-34-99 Embassy of the United States of America 1201 Roxas Boulevard Ermita 1000 Manila Attention: Paul S. Dever Contracting & Procurement Officer Gentlemen : This has reference to your Note Verbale No. 1817 dated November 9, 2010, 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 of one (1) motor vehicle, for the official use of the Embassy of the United States of America in the Philippines, specifically described as follows: Make: Toyota Fortuner 4X2 GAS A/T Year Model: 2010 Color: Grayish Brown Metallic Frame No.: MR0ZX69G500024642 Engine No.: 2TR-6913601 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 : DaTICc (a) indirect taxes of a kind which are normally incorporated in the price of goods or services; . . . ." (Underscoring 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, 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 on the purchase of the said motor vehicle it appearing from the list submitted by the DFA dated March 22, 2010, that the United States of America allows similar exemption to the Philippine Embassy and/or its personnel on their local purchases of motor vehicles thereat. Hence, the local purchase of one (1) unit 2010 Toyota Fortuner 4X2 GAS A/T for the official use of the Embassy of the United States of America is exempt from VAT on the basis of reciprocity. (BIR Ruling No. DA-ITAD-34-99 dated October 18, 1999) 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 being issued on the basis of the foregoing facts as presented. However, if upon investigation, it will be disclosed that the actual facts are different, then this ruling shall be without force and effect insofar as the herein parties are concerned. aEIADT Very truly yours, Commissioner of Internal Revenue By: (SGD.) MARISSA O. CABREROS OIC-Assistant Commissioner Legal Service