Morocco Introduces New Tax Regime for Property Sales, Allowing Pre-Sale Tax Assessments

This regime applies to taxpayers who have carried out operations as of July 1, 2023, explains the DGI in a press release. It allows those concerned to request a prior opinion from the DGI in order to determine the net taxable property gain and the corresponding amount of tax or the exemption from said tax. "This request must be filed, electronically, according to a model established by the administration, within thirty (30) days following the date of the sales contract, accompanied by the supporting documents relating to the determination of the tax or the exemption," details the DGI.

The tax administration sends the applicant an electronic favorable opinion within 60 days of the date of receipt of the request. This response is a certificate of tax assessment or exemption and is valid for 6 months, it is specified. Once the sale is completed, the taxpayer must file his declaration, electronically, within 30 days following the date of the sale and pay the corresponding tax.

The taxpayer will be exempt from tax audits on income tax on property gains if he files his return and pays the tax according to the liquidation certificate received. On the other hand, if he does not file his declaration on the basis of the liquidation certificate, he will have to pay, on a provisional basis, the difference between the amount of the declared tax and 5% of the sale price. The balance of the amount paid is refunded automatically to the taxpayer, after deduction of the tax, it is added. Likewise, the amount paid on a provisional basis is refunded automatically if the DGI does not initiate the rectification procedure within the legal time limit.