September 16, 2019

DA ITAD BIR RULING NO. 035-19

Principle of Reciprocity;
BIR Ruling No. ITAD-314-12

The Royal Thai Embassy

107 Thailand (Rada) Street

Legaspi Village, Makati City

Gentlemen :

This has reference to your Note No. 40001/593 dated August 19, 2019 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 the official use of the Royal Thai Embassy, specifically described as follows:

Type of Use:

Official

Make:

Toyota HiAce GL Grandia 2.8L DSL AT 2T-ZG-006

Model Year:

2019

Color:

Luxury Pearl Toning

Frame Number:

JTFPA9APXK8008162

Engine Number:

1GD8464131

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 from VAT and ad valorem tax, which...

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