ITAD Ruling No. 035-99

October 18, 1999 ITAD RULING NO. 035-99 Sec 106 Sec 108 [DA-448-99] Embassy of the United States of America Metro Manila, Philippines Attention: Mr . Dan Larsen First Secretary Gentlemen : This refers to your letter dated September 17, 1999 requesting for exemption from value added tax (VAT) on the purchase of one (1) unit of HYUNDAI STAREX RV SVX, for the personal use of Mr. Dan Larsen, First Secretary, Embassy of the United States of America. 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 the goods and services "xxx xxx xxx" the tax exemption privilege of an Embassy and its diplomatic agents does not include exemption from 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, both of the National Internal Revenue Code of 1997. However, under 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 personnel on their purchase of goods and services in your country. Hence, the local purchase of one (1) HYUNDAI STAREX RV SVX, for the personal use of Mr. Dan Larsen is exempt from VAT. LexLib Very truly yours, Commissioner of Internal Revenue By: (SGD.) SIXTO S. ESQUIVIAS IV Deputy Commissioner Legal and Enforcement Group