Key takeaways: Registration fees are an indirect tax levied on the formalization of legal deeds (transfers, leases, company formations). In 2026, rates range from 0.5% 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 |
|---|---|---|
| Built premises (land ≤ 5 times covered area) | 4%, subject to qualifications below | Price or market value |
| Transfer of business goodwill | 6% | Transfer price |
| Transfer of shares (LLC/SARL) — ordinary company | Exempt (upon certificate of non-real-estate-predominance, FA 2026) | Transfer price |
| Transfer of shares (SA, SAS) — ordinary company | Exempt (upon certificate of non-real-estate-predominance, FA 2026) | Transfer price |
| Transfer of shares in real-estate-predominant companies | 5% | Transfer price |
| Leases and rentals, assignments of leases and subleases of buildings or business goodwill for a term not exceeding 10 years | Fixed fee of 200 MAD (Art. 135-II-8°) | — |
| Building leases concluded verbally | Exempt (Art. 129-III-14°) | — |
| Assignments of a leasehold right or of the benefit of a promise to lease relating to a building (key money, departure indemnity) | 6% (Art. 133-I-A-4° and 127-I-A-3°) | — |
| Perpetual rent leases of real property, leases for a term exceeding 10 years, life leases and leases of unlimited duration | 6% (Art. 133-I-A-3°) | Basis set by Art. 131-19° and 20° |
| Dissolution without transfer / distribution | MAD 200 / 1.5% | See conditions below |
| Capital increase through in-kind contributions | 0.5% (Art. 133-I-H), minimum 1,000 MAD, or fixed fee of 1,000 MAD if the capital subscribed in respect of the contribution does not exceed 500,000 MAD (Art. 135-I-1°) | Value of contributions; the liabilities assumed are subject to transfer duties according to the nature of the assets |
| Acquisition of bare land or land with buildings intended for demolition | 5% (Art. 133-I-G-1°; the reduced rate subject to a commitment to build was abolished by the 2017 Finance Law) | Acquisition price |
| First sale of social housing and low real-estate value housing | 3% (Art. 133-I-B-7°) | Sale price |
Subject to exemptions and special rates, acquisition of built residential, commercial, professional or administrative premises is taxed at 4%, including the underlying land up to five times the covered area. Bare land or land with buildings intended for demolition is taxed at 5%. Acquisitions by credit institutions and similar bodies, Bank Al-Maghrib, CDG and insurance/reinsurance companies are taxed at 6%, subject to the transactions for which Article 133-I-A-7° refers to 3%, 4% or 5%, including certain participative-finance acquisitions.
A dissolution instrument involving no obligation, discharge or asset transfer and giving rise to no proportional duty is registered at a fixed MAD 200. Distribution of net assets between partners is subject to 1.5%; an equalisation payment or excess allocation is subject to transfer duties according to the assets. Allocation to a partner of property contributed by another partner is also subject to transfer duties if made within four years of the contribution in kind.
For instruments drawn up from 1 July 2026, an additional 2% registration duty applies to transfers for value of real estate or real property rights priced above MAD 300,000, and of business goodwill, if payment methods and references are not stated or payment does not use a method allowed by Article 11-II: non-endorsable crossed cheque, commercial paper, magnetic payment, bank transfer, electronic process or offset against a claim on the same person documented by dated and signed acceptance. For mixed cash and permitted payments, the additional duty applies only to the cash portion.
Even if exempt, a share-transfer instrument must be filed for registration within 30 days, free of duty. Failure or late filing entails a surcharge on the base of 0.25% for up to 30 days of delay, or 0.5% thereafter, with a MAD 500 minimum and MAD 100,000 maximum (Article 184).
Exempt Transactions
| Transaction | Legal Basis |
|---|---|
| Deeds relating to cooperatives | Law No. 112-12 |
| Social housing (subject to conditions) | Art. 247 GTC |
| OPCI transactions | Specific regime |
Since the Finance Law for 2018, company formation and capital increases through pure and simple cash contributions, incorporation of shareholders’ current-account claims, profits or reserves are exempt from registration duties. The exemption for pure and simple contributions in kind valued by a contribution auditor qualified to act as statutory auditor covers formation of capital. Where no exemption applies, the duty is MAD 1,000 if the capital subscribed for the contribution does not exceed MAD 500,000; above that, the rate is 0.5%, with a MAD 1,000 minimum. Liabilities attached to contributions remain subject to transfer duties according to the assets involved, unless specifically exempt.
For registration duties, a capital increase of the absorbing company arising from a merger of joint-stock companies or SARLs is subject to 0.5%, subject to the fixed MAD 1,000 duty where the capital subscribed for the contribution does not exceed MAD 500,000 and any applicable exemption. Transfer duties on assumed liabilities are exempt for mergers covered by Article 129-IV-8°-b. The corporate tax commitments of Article 162 are not a general condition of that transfer-duty exemption. See mergers and acquisitions.
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.
Formation and capital increases: exemptions since the 2018 Finance Law
Since the Finance Law for 2018, company formation and capital increases through pure and simple cash contributions, incorporation of shareholders’ current-account claims, profits or reserves are exempt from registration duties. The exemption for pure and simple contributions in kind valued by a contribution auditor qualified to act as statutory auditor covers formation of capital. Where no exemption applies, the duty is MAD 1,000 if the capital subscribed for the contribution does not exceed MAD 500,000; above that, the rate is 0.5%, with a MAD 1,000 minimum. Liabilities attached to contributions remain subject to transfer duties according to the assets involved, unless specifically exempt.
However, capital increases through in-kind contributions remain subject to a fee of 0.5% of the value of the contributions (Art. 133-I-H), minimum 1,000 MAD, or to the fixed fee of 1,000 MAD if the capital subscribed in respect of the contribution does not exceed 500,000 MAD (Art. 135-I-1°); the liabilities assumed are subject to transfer duties according to the nature of the assets. The fees due when shares are contributed to a family holding, and when shares are donated in usufruct or bare ownership, are examined in family holding and split ownership of shares.
Registration Deadlines and Formalities
Legal Deadline: 30 Days
The general period for the relevant instruments is 30 days, subject to the specific periods below (Article 128).
Private and authentic instruments: 30 days from their date. Adoul instruments: 30 days from receipt of the parties’ declaration. Court orders, judgments and rulings subject to registration: three months from their date; gifts taking effect on death: three months from death (Article 128-I-B and II).
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
After a real estate purchase, the buyer also becomes liable for the local taxes attached to the property, starting with the housing tax on premises used as a residence.
Penalties for Late Registration
Failure to comply with the 30-day deadline exposes the taxpayer to significant penalties:
| Infringement | Penalty |
|---|---|
| Filing within 30 days after the deadline expires | Surcharge of 5% of the fees due (Art. 184) |
| Filing beyond these 30 days | Surcharge of 15% of the fees due (Art. 184) |
| Late payment: delay not exceeding 30 days | Penalty of 5% of the fees due (Art. 208) |
| Late payment: delay exceeding 30 days | Penalty of 10% of the fees due (Art. 208) |
| Late payment: surcharge | 5% for the first month and 0.5% per additional month or fraction of month (Art. 208) |
| Late payment: minimum | 100 MAD (Art. 208) |
These penalties apply automatically, without prior formal notice. It is therefore essential to strictly observe the 30-day deadline.
Worked Example
A transfer of business goodwill for 500,000 MAD registered 3 months late:
- Fees due: 500,000 x 6% = 30,000 MAD
- Late filing surcharge: 30,000 x 15% = 4,500 MAD
- Late payment penalty: 30,000 x 10% = 3,000 MAD
- Late payment surcharge: 30,000 x (5% + 0.5% x 2) = 1,800 MAD
- Total payable: 39,300 MAD instead of 30,000 MAD
Special Cases and Optimizations
Mergers and Demergers Under Tax Neutrality
For registration duties, a capital increase of the absorbing company arising from a merger of joint-stock companies or SARLs is subject to 0.5%, subject to the fixed MAD 1,000 duty where the capital subscribed for the contribution does not exceed MAD 500,000 and any applicable exemption. Transfer duties on assumed liabilities are exempt for mergers covered by Article 129-IV-8°-b. The corporate tax commitments of Article 162 are not a general condition of that transfer-duty exemption. See mergers and acquisitions.
Share Transfer vs. Business Goodwill Transfer
When transferring a business, the choice between a share transfer and a goodwill transfer has direct tax implications — and the trade-off is in fact highly differentiated:
- Share transfer (ordinary company): exempt from registration fees, upon presentation of a certificate of non-real-estate-predominance (FA 2026). Where it is due (real-estate-predominant companies), the basis is the share transfer price, taxed at 5%.
Even if exempt, a share-transfer instrument must be filed for registration within 30 days, free of duty. Failure or late filing entails a surcharge on the base of 0.25% for up to 30 days of delay, or 0.5% thereafter, with a MAD 500 minimum and MAD 100,000 maximum (Article 184).
Business goodwill transfers are taxed at 6%. Inventory listed in a detailed inventory and separately valued is taxed at 1.5%; otherwise the goodwill rate applies. Any VAT on the goods does not exempt them from registration duties (Article 133-I-A-1° and I-C-10°).
For instruments drawn up from 1 July 2026, an additional 2% registration duty applies to transfers for value of real estate or real property rights priced above MAD 300,000, and of business goodwill, if payment methods and references are not stated or payment does not use a method allowed by Article 11-II: non-endorsable crossed cheque, commercial paper, magnetic payment, bank transfer, electronic process or offset against a claim on the same person documented by dated and signed acceptance. For mixed cash and permitted payments, the additional duty applies only to the cash portion.
Your chartered accountant can help you determine the most advantageous structure based on your financial situation. This type of trade-off falls within the scope of tax law advisory, which combines registration fees, corporate tax and capital gains taxation.
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 (0.5% of the value of the contributions, minimum 1,000 MAD, or fixed fee of 1,000 MAD if the capital subscribed in respect of the contribution does not exceed 500,000 MAD)
- Anticipate future transfers by properly structuring the articles of association
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.
Discover our company creation service
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Frequently asked questions
Are registration fees on company formation still exempt in 2026?
Since the Finance Law for 2018, company formation and capital increases through pure and simple cash contributions, incorporation of shareholders’ current-account claims, profits or reserves are exempt from registration duties. The exemption for pure and simple contributions in kind valued by a contribution auditor qualified to act as statutory auditor covers formation of capital. Where no exemption applies, the duty is MAD 1,000 if the capital subscribed for the contribution does not exceed MAD 500,000; above that, the rate is 0.5%, with a MAD 1,000 minimum. Liabilities attached to contributions remain subject to transfer duties according to the assets involved, unless specifically exempt.
What is the rate applicable to the transfer of LLC shares?
Since the FA 2026, the transfer of shares in an ordinary company (LLC, SA or SAS) is exempt from registration fees, upon presentation of a certificate of non-real-estate-predominance. However, transfers of shares in real-estate-predominant companies (unlisted) remain subject to the 5% rate applied to the transfer price, or to 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.
