Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Corporate Tax
5.
Anti-avoidance
5.1
Are there anti-avoidance rules applicable to corporate taxpayers – if so, are these case law (jurisprudence) or statutory, or both?
Morocco

Answer ... The Moroccan General Tax Code provides for anti-avoidance measures.

For more information about this answer please contact: Rachid Mejdoubi from CMS Francis Lefebvre Maroc Conseil juridique et fiscal
5.2
What are the main ‘general purpose’ anti-avoidance rules or regimes, based on either statute or cases?
Morocco

Answer ... Provisions aimed at avoiding base erosion and profit shifting.

For more information about this answer please contact: Rachid Mejdoubi from CMS Francis Lefebvre Maroc Conseil juridique et fiscal
5.3
What are the major anti-avoidance tax rules (eg, controlled foreign companies, transfer pricing (including thin capitalisation), anti-hybrid rules, limitations on losses or interest deductions)?
Morocco

Answer ... The main anti-avoidance rules allow the Moroccan tax authorities to reject certain transactions which are of a fictitious nature and are aimed solely at achieving tax benefits or at evading tax or reducing the tax amount. The tax authorities can also reject certain transactions carried out between affiliated companies.

For more information about this answer please contact: Rachid Mejdoubi from CMS Francis Lefebvre Maroc Conseil juridique et fiscal
5.4
Is a ruling process available for specific corporate tax issues or desired domestic or cross-border tax treatments?
Morocco

Answer ... Taxpayers can ask the tax authorities to rule on the tax regime applicable to their specific situation in light of the legislative provisions. Such a request may be made in relation to the following:

  • legal and financial arrangements relating to investment projects;
  • restructuring operations of companies and groups of companies located in Morocco; and
  • operations between companies located in Morocco with direct or indirect links of dependence.

The tax authorities must respond to requests within three months of the date of receipt of the request.

For more information about this answer please contact: Rachid Mejdoubi from CMS Francis Lefebvre Maroc Conseil juridique et fiscal
5.5
Is there a transfer pricing regime?
Morocco

Answer ... Yes, there is a transfer pricing regime in Morocco.

Profits that are indirectly transferred, by either increasing or decreasing the purchase or sale price, or by any other means, can be reported in the taxable income.

From 2020 onwards, companies that are directly or indirectly dependent on companies located outside Morocco will have to provide the tax authorities, by electronic means, with transfer pricing documentation to justify their transfer pricing policy.

For more information about this answer please contact: Rachid Mejdoubi from CMS Francis Lefebvre Maroc Conseil juridique et fiscal
5.6
Are there statutory limitation periods?
Morocco

Answer ... The limitation period is set at four years. In the event of failure to report, this period is extended to 10 years.

For more information about this answer please contact: Rachid Mejdoubi from CMS Francis Lefebvre Maroc Conseil juridique et fiscal