If you are a Moroccan living abroad and hold property in Morocco through a company (SCI, SARL, SA) registered abroad, the 2026 Finance Law changes your tax obligations upon resale. A specific simplified declaration must now be filed electronically within 30 days following the month of sale, with simultaneous corporate tax payment.
Identify if your company is affected
The new obligation concerns non-resident companies without a permanent establishment in Morocco that sell property on Moroccan territory. This includes: French or Belgian SCIs holding property in Morocco, foreign SARLs that have acquired property in Morocco, any foreign company owning Moroccan real estate. The measure also applies to sales of securities (shares, equity stakes) in predominantly real-estate companies in Morocco.
💡 Tip — If you are choosing between holding property personally or through a foreign company, this new 30-day declaration requirement makes company ownership more administratively burdensome.
⚠️ Warning — Failure to meet the 30-day deadline triggers surcharges and late penalties.
Calculate the capital gain and determine the applicable corporate tax rate
The capital gain is calculated as the difference between sale price and acquisition price, minus documented acquisition costs and adjusted by a revaluation coefficient. The applicable corporate tax rate depends on the monthly aggregate capital gain: 20% when below 100 million dirhams, 35% when equal to or above 100 million dirhams. In practice, virtually all sales by MRE will fall under the 20% rate. Corporate tax must be paid simultaneously with the declaration.
💡 Tip — Compile a complete file of acquisition costs from the time of purchase (notarial deed, registration fee receipts, works invoices). These reduce taxable capital gains.
File the simplified electronic declaration
The declaration must be filed electronically using a simplified form established by the tax authority, within 30 days following the month of sale. If the sale is signed on March 15, the declaration must be filed by April 30. Corporate tax payment must be made within the same 30-day period. To access the online filing portal, the non-resident company must have a Moroccan tax identification number.
💡 Tip — Engage an accountant in Morocco to manage the declaration and payment. The electronic procedure can be complex from abroad.
⚠️ Warning — Without a Moroccan tax ID, you cannot file the declaration online. Plan this step at least 2 to 4 weeks before the sale.
Anticipate tax audits and limitation periods
Rules regarding audit rights and limitation periods remain unchanged. The standard limitation period is 4 years, extended to 10 years in case of failure to declare. The Moroccan tax authority can reassess the sale price if it considers it does not reflect the property's actual market value. Keep all transaction documents for at least 10 years.
💡 Tip — Have an independent property valuation done by a certified real estate expert before the sale. This document protects you in case of price reassessment by the tax authority.
⚠️ Warning — In case of total failure to declare, the limitation period extends to 10 years.
Repatriate sale proceeds abroad
After corporate tax payment and obtaining a tax clearance certificate, net sale proceeds can be transferred abroad by the Moroccan bank. Required documents include: copy of the notarial sale deed, proof of tax and duty payment, original foreign currency conversion forms proving initial financing in foreign currency. Transfer is authorized up to the initial amount invested in foreign currency, plus net capital gain after tax.
💡 Tip — Centralize all initial financing documents in a single file. Your Moroccan bank will request them to authorize the transfer.
⚠️ Warning — If the company acquired the property without documented foreign currency conversion, repatriating funds will be problematic. This must be anticipated from the time of acquisition.
In depth
The 2026 Finance Law harmonizes tax treatment of property capital gains by non-resident companies with international standards. The move to 30 days significantly accelerates collection. For MRE holding property through a French SCI, the France-Morocco tax treaty generally provides that property capital gains are taxable in the country where the property is located (Morocco), with a tax credit in France. Consult an international tax specialist to optimize your situation.
❌ Common mistakes to avoid
- ✕Exceeding the 30-day declaration deadline
- ✕Not having a Moroccan tax ID for the company
- ✕Failing to keep initial foreign currency financing documentation
- ✕Underestimating the sale price in the notarial deed
🔗 Official links and resources
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