ITAD BIR Ruling No. 399-12

December 20, 2012 ITAD BIR RULING NO. 399-12 Article 34, Vienna Convention on Diplomatic Relations Embassy of the Independent State of Papua New Guinea 3rd Floor, Corinthian Plaza Condominium Bldg. Paseo de Roxas, Legaspi Village, 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 the Independent State of Papua New Guinea in Manila and its qualified embassy personnel. 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 October 8, 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 and its diplomatic personnel in Port Moresby are being accorded refund on VAT paid on the local purchase of goods and services. The VAT exemption of Philippine diplomatic personnel is extended to services on utilities and local purchase of motor vehicle in Port Moresby. Accordingly, the Embassy of the Independent State of Papua New Guinea is now included in the list of diplomatic missions and other entities entitled to VAT exemption in the Philippines on the basis of reciprocity. caCTHI Based thereon, the Embassy of the Independent State of Papua New Guinea and its diplomatic personnel in Manila may now proceed to secure the necessary VAT exemption on their purchase of specific goods and services (for diplomatic personnel, purchase of service on utilities and local purchase of motor vehicles are included) , on the basis of reciprocity. Please be guided accordingly. Very truly yours, (SGD.) KIM S. JACINTO-HENARES Commissioner of Internal Revenue