As part of the 2023 finance bill in Morocco, discover in this article the main measures announced for VSEs, people registered with the auto-entrepreneur scheme and that of the unique professional contribution (CPU).
I. PROVISIONS SPECIFIC TO CORPORATION TAX
Global reform of corporate tax rates gradually over a period of 4 years, aiming for convergence towards a unified rate
Net Profit <= 300 DH
| NEW PROVISION |
| For companies whose net profit is less than or equal to MAD 300, the scale rate 10% is increased as follows:12,50%, for the fiscal year beginning on 1st January 2023 ;15%, for the fiscal year beginning on 1st January 2024 ;17,50%, for the fiscal year beginning on 1st January 2025 ;20%, for the fiscal year beginning on or after January 1, 2026. |
| OLD PROVISION | |
| Amount of tax benefit (in dirhams) | Rates |
| Less than or equal to 300 | 10% |
| From 300 to 001 | 20% |
| Greater than 1 | 31% |
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Legal reference: Article 19-IA of the CGI
II. PROVISIONS SPECIFIC TO INCOME TAX
Extension of the IR exemption period for newly recruited employees
| NEW PROVISION |
| It is proposed to extend the deadline for applying the device TAHFIZ (valid from 1er January 2015 to December 31, 2022) companies, associations or cooperatives created until December 31, 2026.The Tahfiz program offers 2 advantages :The recruited employee benefits from an exemption from tax on the income (IR).For the company, the State bears the employer's share of social security contributions (CNSS/AMO contributions). |
| OLD PROVISION |
| The program TAHFIZ is a hiring incentive measure for newly created companies, associations or cooperatives during the period from 1st January 2015 au 31 December 2022. |
III. Revision of the method of taxation and control of income tax/property profit.
| NEW PROVISION |
| Taxpayers subject to income tax on land profits may ask the tax authorities for a prior opinion concerning elements determining land profit net taxable and the amount of tax corresponding or, where applicable, concerning the right to benefit from the exemption from said tax.After transfer, if the taxpayer subscribes his declaration and proceeds, if necessary, to the payment of the tax on the basis of the elements of the aforementioned liquidation certificate, he will be exempted from fiscal control in terms of income tax on property profits.The declaration made may be subject to rectification in terms of land profits, in accordance with the provisions of article 224 of the CGI, if it was not established on the basis of the elements of the aforementioned liquidation certificate. Do not have subscribed to the declaration on the basis of the elements of the certificate of liquidation as well as the persons who have not requested the opinion of the tax administration, are required to pay, on a provisional basis, to the collector of the tax administration the difference between the amount of tax declared et 10% the sale price, |
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IV. Improved auto-entrepreneur and CPU regimes
| NEW PROVISION |
| It is proposed to regulate the two tax regimes self-employed and CPU, excluding from these plans, the surplus of the annual turnover exceeding 50 MAD carried out by service providers with the same customer.This excess turnover will be subject to withholding tax by the aforementioned customer at the rate of 30%. |
| In order to improve the tax system of the CPU and clarify the terms of its liquidation, the LF 2022 revised the margin coefficients applied to turnover, by combining activities of the same nature, and by clarifying the method of taxation of professional income in the case of the exercise of several activities by a single taxpayer. |
V. PROVISIONS SPECIFIC TO VAT
1. Reduced minimum contribution rates
| NEW PROVISION |
| Downward revision of the current rates of the minimum contribution in order to apply a single unified rate of 0,25% to all companies, without taking into account the current result declared; The downward revision of the rate of the minimum contribution of 6% à 4% for the liberal professions; Maintenance of the application of the minimum minimum contribution of 3 dirhams for legal persons and 1 dirhams for natural persons. |
2. Application of a 20% withholding tax on remuneration allocated to third parties
| NEW PROVISION |
| Concerning persons subject to IS or IR according to the real or simplified net income regime, receiving fees, commissions, brokerage and other remuneration of the same nature , it is planned to be taxed with the IS or the IR, by way of withholding tax, at the non-discharging rate of 20%. The tax levied is chargeable to the overall IS or IR with the right to refund.Article 157.- Withholding tax on remuneration allocated to third parties (RAS at the rate of 20%)The withholding tax on the fees, commissions, brokerage and other remuneration of the same nature provided for in Article 15 bis must be operated, on behalf of the Treasury, by legal persons governed by public or private law as well as by natural persons whose income is determined according to the real net income regime or that of the simplified net income, which pay, make available or register the said remuneration to the beneficiaries. The aforementioned withholding tax is attributable on the amount of corporation tax or income tax, with the right to restitution. |
| NEW PROVISION |
| Circular note No. 717 relating to the General Tax Code defines the remuneration allocated to third parties as follows:Fees:These are the sums allocated, in remuneration for services rendered, to persons exercising liberal professions in particular: Accountants, chartered accountants, tax advisers; Lawyers and legal advisers; Doctors, surgeons, dentists, veterinarians, etc. Medical and other analysis laboratories; Design offices; Architects, surveyors, topographers, draftsmen etc. Free teachers; Notaries.Commissions, brokerage and other remuneration:These are sums proportional to the business handled, allocated to sales representatives, building managers, and business, litigation or advertising agents.Other similar remuneration:Other remuneration, whatever its name, should generally be understood as payments which are of the same nature as fees, commissions and brokerage. Among the remunerations that must be declared include, in particular, the sampling and analysis regulations, the payments made during the technical inspection visits carried out by certain organizations (public research and test laboratory, etc.). |
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