Key takeaways: Registration fees are an indirect tax levied on the formalization of legal deeds (transfers, leases, company formations). In 2026, rates range from 1.50% to 6% depending on the nature of the transaction, with a full exemption for company formation and cash capital increases. This article details the complete rate schedule, applicable exemptions, deadlines to observe, and penalties incurred.
What Are Registration Fees?
Registration fees are governed by Title IV of the General Tax Code (GTC), articles 126 to 143. They are a tax collected by the tax authorities upon the registration of deeds and agreements, whether private or notarized.
Two types of fees are distinguished:
- Ad valorem fees: calculated as a percentage of the transaction value (transfer price, capital amount, rental value, etc.)
- Fixed fees: a flat amount applicable to certain deeds regardless of their value
Registration gives the deed a certain date enforceable against third parties and constitutes a mandatory formality for many legal and commercial transactions.
Registration Fee Schedule 2026
Ad Valorem Rates
| Transaction | 2026 Rate | Basis of Calculation |
|---|---|---|
| Transfer of real estate | 4% | Transfer price or market value |
| Transfer of business goodwill | 4% | Transfer price |
| Transfer of shares (LLC/SARL) | 4% | Transfer price |
| Transfer of shares (SA, SAS) | 4% | Transfer price |
| Real estate leases | 1.50% | Cumulative rent amount |
| Company dissolution | 1.50% | Net assets distributed |
| Capital increase through in-kind contributions | 4% | Value of contributions |
| Acquisition of building land (with commitment to build within 7 years) | 4% | Acquisition price |
| First sale of social housing | 4% | Sale price |
Exempt Transactions
| Transaction | Legal Basis |
|---|---|
| Company formation | Finance Law 2024 — Full exemption |
| Cash capital increase | Finance Law 2024 — Full exemption |
| Mergers and demergers under tax neutrality regime | Art. 247-XXVIII GTC |
| Deeds relating to cooperatives | Law No. 112-12 |
| Social housing (subject to conditions) | Art. 247 GTC |
| OPCI transactions | Specific regime |
Fixed Fees
Certain deeds are subject to a fixed fee of 200 MAD, including unnamed deeds and certain agreements that do not involve the transfer of property.
Company Formation: Full Exemption Since 2024
This is one of the most impactful measures for entrepreneurs. Since the 2024 Finance Law, company formation deeds are fully exempt from registration fees, regardless of the legal form (SARL, SA, SAS, SNC, etc.).
Before this reform, forming an LLC with a capital of 100,000 MAD incurred registration fees of 1,000 MAD (1%). This charge has been eliminated, reducing the overall cost of business creation.
Similarly, cash capital increases are exempt, encouraging companies to strengthen their equity without additional tax costs.
However, capital increases through in-kind contributions remain subject to the 4% rate on the value of the contributions.
Registration Deadlines and Formalities
Legal Deadline: 30 Days
Article 128 of the GTC imposes a 30-day deadline from the date of the deed to proceed with registration. This deadline runs from:
- The date of signature for private deeds
- The date of the deed for notarized deeds
- The date of the decision for judicial deeds
Where to Register?
Taxpayers have two channels:
- SIMPL Platform: for digitized deeds, registration is done online via the General Tax Directorate portal. This is the preferred method for professionals.
- Registration office: the territorially competent office is the one located where the property is situated (for real estate transactions) or where the company’s registered office is located (for corporate deeds).
Who Pays the Fees?
In principle, registration fees are borne by the buyer or beneficiary of the deed. However, the parties may contractually agree on a different allocation. In practice:
- Real estate transfer: the buyer
- Share transfer: the transferee
- Formation/capital increase: the company
- Lease: the tenant
Penalties for Late Registration
Failure to comply with the 30-day deadline exposes the taxpayer to significant penalties:
| Infringement | Penalty |
|---|---|
| Late filing (within 30 days after the deadline) | 15% of the fees due |
| Additional monthly surcharge | 5% per month or fraction of month of delay |
| Total surcharge cap | 50% of the fees due |
These penalties apply automatically, without prior formal notice. It is therefore essential to strictly observe the 30-day deadline.
Worked Example
A transfer of LLC shares for 500,000 MAD registered 3 months late:
- Fees due: 500,000 x 4% = 20,000 MAD
- Initial penalty: 20,000 x 15% = 3,000 MAD
- Surcharge: 20,000 x 5% x 3 = 3,000 MAD
- Total payable: 26,000 MAD instead of 20,000 MAD
Special Cases and Optimizations
Mergers and Demergers Under Tax Neutrality
Mergers and acquisitions in Morocco may benefit from the tax neutrality regime provided by Article 247-XXVIII of the GTC. Under this regime, registration fees on asset transfers are neutralized, provided that the conservation commitments required by law are met.
Share Transfer vs. Business Goodwill Transfer
When transferring a business, the choice between a share transfer and a goodwill transfer has direct tax implications. Both transactions are subject to the 4% rate, but the basis of calculation differs:
- Share transfer: transfer price of the shares (reflecting the company’s net value)
- Goodwill transfer: transfer price of the goodwill (intangible and tangible elements)
Your chartered accountant can help you determine the most advantageous structure based on your financial situation.
Optimization for Business Creators
Thanks to the registration fee exemption at formation, it is now advisable to:
- Form the company with sufficient capital from the outset (no fees to pay)
- Favor cash capital increases (exempt) over in-kind contributions (4%)
- Anticipate future transfers by properly structuring the articles of association
Frequently Asked Questions
Are registration fees on company formation still exempt in 2026?
Yes. The exemption introduced by the 2024 Finance Law remains fully applicable in 2026. Company formation deeds, regardless of legal form, are exempt from registration fees. Cash capital increases also benefit from this exemption.
What is the rate applicable to the transfer of LLC shares?
The rate is 4% applied to the transfer price of the shares. This rate is identical for transfers of SA or SAS shares. The taxable base is the price stated in the transfer deed, or the market value if it exceeds the declared price.
How can late penalties be avoided?
The safest approach is to entrust the monitoring of registration formalities to your chartered accountant. They have the tools and access to the SIMPL platform to register deeds within the 30-day deadline. In cases of force majeure, a discretionary request for penalty waiver may be submitted to the tax authorities.
Entrust Your Registration Formalities to an Expert
Registration fees involve strict deadlines, precise calculations, and a thorough knowledge of applicable exemptions. At Upsilon Consulting, our chartered accountants handle all your formalities: from drafting deeds to registering them on SIMPL.
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