DA ITAD BIR Ruling No. 110-09

December 15, 2009 DA ITAD BIR RULING NO. 110-09 Sections 106 & 108, NIRC of 1997; Article 34, Vienna Convention on Diplomatic Relations; BIR Ruling No. DA-ITAD-96-03 Embassy of Japan 2627 Roxas Boulevard Pasay City Attention: Mr. Hitoshi Ozawa Minister Gentlemen : This has reference to your Note Verbale No. 396-09 dated September 22, 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 VAT exemption on the local purchase of one (1) unit motor vehicle for the use of Mr. Hitoshi Ozawa, Minister of the Embassy of Japan, specifically described as follows: Make Model Color Frame Number Engine Number Year Toyota Corolla 2009 Medium Silver MR053REE304500661 3ZR-A342228 Altis 2.0 V A/T Metallic 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 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 (NIRC of 1997), as amended. CAHTIS However, applying the principle of reciprocity, this Office may confirm the VAT exemption of the Embassy of Japan 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 Japan 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 of 2009 Toyota Corolla Altis 2.0 V A/T, for the use of Mr. Hitoshi Ozawa, Minister of the Embassy of Japan, is exempt from VAT. (BIR Ruling No. DA-ITAD-96-03 dated July 16, 2003) 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