January 29, 2019

DA ITAD BIR RULING NO. 004-19

Principle of Reciprocity;
BIR Ruling No. ITAD-100-12

Embassy of the Federal Republic of Nigeria

2211 Paraiso Street

Dasmariñas Village

Makati City, Metro Manila

Gentlemen :

This has reference to your Note No. NE/14/12/2018 dated December 18, 2018 referred to this Office by the Department of Finance and the Department of Foreign Affairs (DFA), requesting for the exemption from the payment of value-added (VAT) and ad valorem taxes on the local purchase of a motor vehicle for personal use of AAA, __________ of the Embassy of the Federal Republic of Nigeria, specifically described as follows:

Type of Use:

Personal

Make:

Toyota Fortuner 2.7L 4x2 G Gas AT

Model Year:

2018

Color:

Attitude Black

Frame Number:

MHFJX8GS8J0607047

Engine Number:

2TRA460865

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 the goods and services;

xxx xxx xxx"

Thus, the tax exemption privilege of an Embassy and its diplomatic agents does not include exemption...

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