October 16, 2018

DA ITAD BIR RULING NO. 047-18

Principle of Reciprocity;
BIR Ruling No. ITAD-372-12

Embassy of the Russian Federation

1245 Acacia Road, Dasmariñas Village

Makati City

Gentlemen :

This has reference to your Note No. 548-n dated September 17, 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 the official use of the Embassy of the Russian Federation, specifically described as follows: cDHAES

Type of Use:

Official

Make:

Toyota Camry 2.5 G AT

Model Year:

2018

Color:

White Pearl

Frame Number:

MR053AK50J9000683

Engine Number:

2AR2012323

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 are indirect...

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