MRE and their property in France
The Moroccan community living abroad — Moroccans Residing Abroad (MRE) — is one of the largest diasporas in the world, with a historically strong presence in France. Conversely, many French nationals have established their residence in Morocco for professional or retirement reasons.
In both cases, a common denominator frequently arises: a property located in France, held as a secondary residence, a rental investment or a family inheritance. Owning such a property triggers specific French tax obligations, even when the owner is no longer a French tax resident.
Capital gains: when a representative is mandatory
The obligation to appoint an accredited fiscal representative is triggered by Article 244 bis A of the French General Tax Code when two conditions are met:
- The seller is a French non-resident for tax purposes
- The net capital gain realised (after allowances) exceeds €150,000
The DGFiP-accredited fiscal representative is jointly and severally liable for the payment of the tax. They file form 2048-IMM and ensure that the tax is paid to the Treasury before or at the time of signing the notarial deed. The notary cannot release the funds without the representative's certificate.
Rental income and annual filing
If you receive rent from your French property while living in Morocco, that income is taxable in France under Articles 164 A et seq. of the French General Tax Code (CGI). It must be declared annually in France, regardless of your place of residence.
The tax regime depends on the annual rental receipts:
- Simplified regime (micro-foncier) (gross income ≤ €15,000/year): flat-rate deduction of 30%, net income taxed at the minimum rate of 20% for non-residents
- Actual expenses regime: deduction of actual costs (mortgage interest, works, service charges). Recommended when expenses exceed 30% of rent
The 1970 Franco-Moroccan tax treaty provides that real estate income is taxable in the state where the property is located. Income from a property in France is therefore taxed in France, even if the owner resides in Morocco.
Moroccan businesses and French VAT
A company incorporated under Moroccan law that carries out taxable transactions in France — import and resale of goods, provision of services, e-commerce — is liable for French VAT. As Morocco is not a member of the European Union, no administrative assistance arrangement exempts the company from appointing an accredited fiscal representative.
The obligations are as follows:
- VAT registration with the Service des Impôts des Entreprises Étrangères (SIEE), attached to the Direction des Résidents à l'Étranger et des Services Généraux (DRESG)
- Appointment of a fiscal representative accredited by the French Tax Authority (DGFiP), who assumes joint and several liability
- Filing of monthly or quarterly CA3 returns depending on the regime
- Keeping accounts compliant with French standards for French transactions
The Franco-Moroccan tax treaty
The convention between France and Morocco to avoid double taxation was signed in 1970 and has been revised since. It covers income tax and corporation tax, but does not exempt from filing obligations in France or from the obligation to appoint an accredited fiscal representative for property sales.
Key points of this treaty for property owners:
- Real estate income is taxable in the state where the property is located (France)
- Capital gains on property located in France are taxable in France
- A Moroccan tax credit is available in Morocco to avoid double taxation, provided the person is also taxable in Morocco on that income
To find a fiscal representative experienced in Franco-Moroccan cases, consult the list of DGFiP-accredited fiscal representatives.