July 17, 2019

DA ITAD BIR RULING NO. 026-19

Principle of Reciprocity;
BIR Ruling No. ITAD-347-12

The British Embassy

120 Upper Mckinley Road Mckinley Hill

1634 Taguig City

Gentlemen :

This has reference to your Notes No. 19-133 and 19-134 dated June 25, 2019, respectively, 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 two (2) units of motor vehicle for the official use of the British Embassy, specifically described as follows:

Make

Year

Color

Frame Number

Engine Number

Ford Everest 3.2L 4x4 A/T Titanium Plus

2018

Meteor Grey

MNCAXXMAWAJT24111

P5AT2627907

Ford Everest 3.2L 4x4 A/T Titanium Plus

2018

Aluminum Metallic

MNCAXXMAWAJJ34465

P5AT2643867

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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