Do you wish to sell your flat or house in Morocco from abroad? Between the power of attorney for sale, Property Capital Gains Tax, and repatriation of proceeds, here is the complete procedure for selling legally and recovering your funds safely.
Value the property and find a buyer
Begin by having your property valued by at least two FNAI-accredited estate agents and/or an independent property expert. The market value also serves as the basis for calculating the Property Capital Gains Tax (TPI) — deliberately underestimating the sale price is a serious tax offence. The sale can be made through an agency (fees of 2 to 3% of the price) or between private parties. In all cases, a notary is mandatory for the authentic deed.
💡 Tip — Have an official property valuation carried out by an OACMA-approved expert (Order of Architects and Project Managers of Morocco) — this protects you from a tax adjustment on the transfer value.
Establish the power of attorney for sale
If you cannot travel to Morocco for the signing of the deed, you must establish a special power of attorney for sale. It must be drafted by a notary in your country of residence, legalised by the Moroccan embassy (or apostilled if your country is a signatory), and translated into Arabic by a sworn translator. The power of attorney must be strictly limited: a specific property, an identified buyer or a sale at a fixed minimum price, without excessive powers.
💡 Tip — Revoke the power of attorney immediately after signing the sale deed — an unrevoked power of attorney remains valid and can be used abusively.
⚠️ Warning — NEVER give a general power of attorney for sale. It must specify the precise property, minimum price and expire after the transaction.
Calculate and pay TPI (Property Capital Gains Tax)
TPI applies to the capital gain realised on sale (sale price - updated purchase price). The rate is 20% of the net capital gain, with a minimum of 3% of the transfer price. Possible exemptions: if the property was your main residence for at least 8 years, you are totally exempt. TPI is withheld at source by the notary during the sale. Bring your original purchase deed to justify the acquisition price — without this document, the capital gain will be calculated on the total transfer value.
💡 Tip — If you no longer have your original purchase deed, request from ANCFCC a certified copy of the land title that mentions the date and acquisition price.
Sale deed at the notary
The signing of the authentic sale deed must be done at a Moroccan notary. If you sell by power of attorney, your representative will sign on your behalf. The notary collects the funds from the buyer, deducts the TPI and their own fees (approximately 1% excluding VAT of the sale price), and keeps the balance in their escrow account until the land title is transferred to ANCFCC.
💡 Tip — Ask the notary for a detailed breakdown of funds: sale price - TPI - notary fees = net amount to receive. This document is essential for repatriation.
Repatriate the sale proceeds
Once the sale is finalised and the land title transferred, the notary pays you the net proceeds of the sale. To repatriate these funds abroad, you must provide your Moroccan bank with: the sale deed, the ANCFCC certificate attesting to the title transfer, and proof of TPI payment. If you had purchased with funds transferred from abroad, repatriation is free up to that amount. Beyond that, authorisation from the Office des Changes is required.
💡 Tip — Carefully preserve proof of the origin of funds used during the initial purchase — they legitimise the repatriation of sale proceeds abroad.
❌ Common mistakes to avoid
- ✕Not declaring property capital gains — TPI is mandatory even for non-residents
- ✕Establishing a power of attorney that is too general without price limits or specific property
- ✕Repatriating funds without required supporting documents — may be blocked by the bank or Office des Changes
🔗 Official links and resources
❓ Frequently asked questions
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