As advanced in a former entry, a significant practical implication of the Brexit for UK companies operating in other member states is how to recover the input VAT they may incur since the 1st January 2020 in these countries when there is no local VAT charged and, as a result, there are no periodical VAT returns where such input VAT can be compensated.

Since the said date and due to the Brexit the special procedure regulated in Directive 2008/9/EC of the Council laying down detailed rules for the refund of value added tax, to taxable persons not established in the Member State of refund but established in another Member State, will no longer apply since the UK will be treated as a third country.

As a result, an UK company that incurs VAT quotas in any EU member state where it is non-established nor is obliged to file periodical VAT returns, would have to apply for their refund following the special procedure of Directive 86/560/EEC of the Council (the so called Thirteen Directive).

When compared with Directive 2008/9/EC, the main differences of the procedure regulated in said Thirteen Directive are that the refund can be conditioned by the member state of refund to:

Spain has introduced both conditions in article 119bis of the Spanish VAT Law that transposes said Directive, so:

The Spanish Tax Agency (AEAT) has launched a specific heading  at its site about this topic where further information can be found. From the part of the UK tax authorities the following sites can be of help: