Morocco Finance Law for 2022 Includes Lower Tax Rate for Smaller Industrial Companies and Revision of Social Solidarity Contribution — Orbitax Tax News & Alerts (2024)

Morocco's Ministry of Finance has published the Finance Law for 2022, which was published in the Official Gazette on 20 December 2021. The final law is largely in line with the draft version, including the same main measures, although adjustments have been made. Measures include:

• The reduction of the top rate of corporate tax from 28% to 26% for industrial companies whose net profit is less than MAD 100 million, which applies if taxable income exceeds MAD 1 million (draft version provided for a reduction to 27% - standard top rate is 31%);
• A change in the application of the standard corporate tax rate brackets/rates schedule such that the schedule is "proportional" instead of "progressive", meaning that if a taxpayer's taxable income falls within a particular bracket/rate, the total taxable income is subject to that rate;
• A reduction of the minimum tax (contribution) rate from 0.50% to 0.40% for companies whose results are declared positive, excluding depreciation, although the higher 0.60% rate will continue to apply for companies reporting a negative result in two consecutive fiscal years (draft version provided for a reduction to 0.45%);
• A revision of the social solidarity contribution on the profits of companies with net profit equal to or greater than MAD 1 million at the following rates (expanded from 3 brackets to 4 brackets in final law):
  • 1.5% for companies with net profit of MAD 1 million to less than 5 million;
  • 2.5% for companies with net profit of MAD 5 million to less than 10 million;
  • 3.5% for companies with net profit of MAD 10 million to less than 40 million; and
  • 5.0% for companies with net profit of MAD 40 million or more;
• An exclusion from the social solidarity contribution for companies that are exempt from corporation tax under Article 6(I)(A) of the Tax Code (draft version also provided exemption for industrial acceleration zone companies and Casablanca Finance City service companies, which is removed in the final law).

Note, natural persons subject to income tax according to the real net income regime are also subject to the social solidarity contribution at the same rates.

The measures of the Finance Law generally apply from 1 January 2022.