ITAD Ruling No. 004-05

January 21, 2005 ITAD RULING NO. 004-05 Sec 108, 109 & 149 of the Tax Code 1997; Article 34, Vienna Convention BIR Ruling No. ITAD-34-99 Embassy of the United States of America Roxas Boulevard Manila Attention: Mr. Homo Jamshed Regional Controller Gentlemen : This has reference to your Note Verbale No. 1422 dated December 14, 2004 referred to this Office by the Department of Finance (DOF) and the Department of Foreign Affairs (DFA),requesting for a tax-free purchase of one (1) locally assembled motor vehicle described hereunder, for the personal use of Mr. Homi Jamshed, Regional Controller of the Embassy of United States of America: Make: Honda CRV 2.0 4x2 A/T (5 seater) Model Year: 2004 Color: Solemn Blue Chassis No.: PADRD-48504V200622 Engine No.: PRLD85-4200605 In reply, please be informed that pursuant to Article 34 of the Vienna Convention on Diplomatic Relations, pertinent portion of which 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; "xxx xxx xxx" the tax exemption privilege of an Embassy and its diplomatic agents does not include exemption from the value-added tax (VAT) on its local purchases of goods and services. In other words, purchases by that Embassy of goods and/or services shall be subject to the value-added tax prescribed under Sections 106 and 108, and ad valorem taxes under Section 149, all of the National Internal Revenue Code of 1997. However, applying the principle of reciprocity, this Office may grant exemptions to the Embassy of the United States of America or its personnel on their local purchases of goods and/or services it appearing from the list submitted by the Department of Foreign Affairs that your Government allows similar exemption to Philippine Embassy and its personnel on their purchases of goods and services in your country. Hence, the herein local purchase of one (1) locally assembled motor vehicle for the personal use of Mr. Homi Jamshed, Regional Controller of the Embassy of United States of America is exempt from VAT and ad valorem taxes. (BIR Ruling No. DA-ITAD-34-99 dated October 18, 1999) Very truly yours, (SGD.) JOSE MARIO C. BUAG Deputy Commissioner Legal & Inspection Group