TYPES OF BUSINESS ESTABLISHMENTS
The various forms of business enterprises in Morocco are:
- Share companies : the stock company (SA), the limited liability company (SARL) and the limited company with shares
- Entities with specific regulations : investment companies, co-operative societies, consumer co-operative andfriendly societies
Besides the sole partnership, the SA and the SARL are the two most widely used types of commercial companies in Morocco.
The Stock Company (SA)
The corporation is a commercial company in which the partners are called shareholders due to a right represented by negotiable stocks or shares, and are only liable up to the extent of their contribution. The stock company requires a minimum of seven shareholders which can be either legal entities or individuals. The company has no corporate name but has a social denomination. No minimum capital is required for the formation of a stock company (except for banks, building societies and certain other special purpose companies). It can be incorporated only after the capital is entirely subscribed. The minimum nominal value of the shares is DH 50.
All stock companies are submitted to a legal control by a statutory auditor.
The Limited Liability Company (SARL)
The limited liability company is halfway between partnerships and share companies. The number of partners is not limited, it can be two or more. They are only liable up to the amount of their contribution and even those managing the company do not need to be registered merchants, unlike the partners in a general partnership. Participations cannot be transferred to third parties without the approval of the other partners. The minimum capital required for a limited liability company is DH 10 000. It can select either a corporate name or trade name. However, the company s name must always be followed by SARL .
Moroccan income tax is payable at the corporate rate by resident companies, non-resident companies deriving taxable income from activities carried out in Morocco and branches of foreign companies carrying on business activities independent of those performed by their head office. In general, only Moroccan-source income is subject to tax.
Taxes on Individuals
Individuals are liable to Moroccan income tax only on income arising in Morocco. However, in the case of income from employment received by a resident individual, the whole of that income is deemed to arise in Morocco whether the duties of employment are performed in Morocco or abroad and wherever the income is paid. In effect therefore, a resident individual is liable for Moroccan income tax on his worldwide employment income.
- Value Added Tax
- Business License Tax
- National Solidarity Tax
- Professional Training Tax
- Urban Tax
- Withholding Tax
- Registration Duties
Prior to 1996, Morocco used to have various investment codes for exports, tourism, industrial , mining, maritime, handicraft and real estate investments. These codes have been cancelled starting from 1 January 1996. Morocco has however adopted and investment charter which sets up the main objectives regarding the promotion and development of investments in Morocco within the next ten years.
The charter’s main objectives are to improve the tax environment, review the tax incentives and set up new incentives for investments. More specifically, these objectives consist of the following :
- reducing the tax burden relating to the acquisition of equipment,
- reducing the income tax rates,
- offering tax incentives to promote regional development,
- promoting offshore and free-trade zones,
- apportioning more equitably the tax charges among taxpayers …
Moreover, the income tax incentives regarding exports, industrial and handicraft investments have been maintained through their inclusion in the corporate tax law in 1996.
Remittances of capital and related income to non-residents are guaranteed. No limitations are imposed on the time or amount of profit remitted. Loans must be authorised by the Office of Exchange Control.
To be employed in a company, a foreigner must be a resident in Morocco and obtain an authorisation from the Ministry of Labour.
A non-resident cannot stay more than three months in the country.
Nationals of certain countries require visas to enter Morocco.