ITAD BIR Ruling No. 353-12

October 5, 2012 ITAD BIR RULING NO. 353-12 Article 34, Vienna Convention on Diplomatic Relations Embassy of France 16th Floor, Pacific Star Building Corner Gil Puyat and Makati Avenues 1200 Makati City Gentlemen : This refers to the request for value-added tax (VAT) exemption on the local purchase of goods and services by the Embassy of France in Manila. EcTDCI In this regard, please be informed that while Article 34 of the Vienna Convention on Diplomatic Relations of 1961 exempts diplomatic agents from all dues and taxes, personal or real, national, regional or municipal, they are nevertheless subject to the indirect taxes of a kind which are normally incorporated in the price of goods or services, e.g., VAT. Nevertheless, under the principle of reciprocity, this Office may grant tax exemption to the embassy of a foreign state and to the members of diplomatic missions on their local purchases of goods and services, provided that they can submit to the Commissioner of Internal Revenue proof that the said foreign government allows similar tax exemptions to the Philippine Embassy or its personnel on their purchases of goods or services in that foreign country. As per the August 13, 2012 letter of the Office of Protocol of the Department of Foreign Affairs on the updates from the various Philippine Foreign Service Posts, the Philippine Embassy in Paris, France enjoy VAT exemption privileges on the local purchase of goods, services (inclusive of utilities) and purchase of motor vehicles thereat. Accordingly, the Embassy of France is now included in the list of diplomatic missions and other entities entitled to VAT exemption in the Philippines on the basis of reciprocity. Based thereon, the Embassy of France in Manila may now proceed to request for VAT exemption on the purchase of goods and services (inclusive of utilities) including the local purchase of motor vehicles, in the Philippines on the basis of reciprocity. DHcESI Very truly yours, (SGD.) KIM S. JACINTO-HENARES Commissioner of Internal Revenue