January 25, 2019
ITAD BIR RULING NO. 004-19
Tax Code — Sections 106, 108 and 109;
IBRD Articles of Agreement — Sec 9 (A) Art. VII
Department of Budget and Management\
Office of the Secretary
General Solano Street, San Miguel
1005 Manila City
Attention: Achilles Gerard C. Bravo
Assistant Secretary
Gentlemen :
This refers to your letter dated 4 December 2018 in reference to this Bureau's letter to your Office dated 6 June 2018, requesting guidance on the applicable withholding taxes on the income payments made by the Department of Budget and Management (DBM) to the International Bank for Reconstruction and Development (IBRD) pursuant to the Reimbursable Advisory Services Agreement (RAS Agreement) entered into by the parties on 10 November 2017.
Section 4.b of the RAS Agreement states that:
(b) When due, all payments to the Bank hereunder shall be made in full within forty-five (45) days after the submission of an invoice by the Bank. Payment shall be made, in immediately available funds, without any deductions whatsoever for taxes, duties, charges or other withholdings, and notwithstanding any pending dispute between the Parties, to such account as...
