Buying online services from foreign companies is now commonplace: software subscriptions, website hosting, advertising, digital content, distance learning. Until 2023, some of these services escaped Moroccan VAT (TVA) in practice. The Finance Act (Loi de Finances) 2024 closed the gap by revising article 88 of the General Tax Code (CGI) and creating a new article 115 bis.
Services supplied remotely, in digital form, by a non-resident with no establishment in Morocco are now deemed to be supplied in Morocco when the customer has its registered office, establishment or tax domicile in Morocco, or is occasionally resident there.
The service remains taxable in Morocco even if the customer is abroad when using it. The rule follows the consumer’s place of residence, in line with international standards.
The CGI defines a service supplied remotely as any service provided by a means of remote communication, including intangible goods. DGI circular (note circulaire) No. 735 lists, among others:
By contrast, a service booked online but physically used abroad (a hotel room or a hire car in Paris, for example) falls outside this scope. Booking online does not, by itself, make the service digital.
The new article 115 bis targets non-resident suppliers that have not appointed a tax representative in Morocco and sell these services to customers who are not VAT-registered (mainly individuals). They must:
The detailed rules are left to an implementing regulation. For individuals, the VAT is meant to be included in the price paid to the platform.
If your business pays a foreign provider for a service, watch three points:
DGI circular No. 735 illustrates the rule as follows: a Moroccan resident on holiday in Madrid downloads a documentary film to his phone from a foreign company with no establishment in Morocco. The price is MAD 120. For the Directorate General of Taxes (DGI), the transaction is deemed to take place in Morocco: the customer is tax-domiciled there and the service is digital.
Our Accounting and Tax & legal teams can review how your purchases of foreign services are treated. To discuss your situation, contact us.