- 10% rental withholding calculation
- Taxable gross rent of 8,000 dirhams results, in principle, in withholding of 800 dirhams and a net payment of 7,200 dirhams.
- rental withholding calculation with VAT
- Lawfully invoiced VAT is separated, and the withholding is calculated, in principle, on rent excluding tax.
- advance rent withholding
- An advance definitively made available to the landlord may trigger withholding as soon as it is paid.
- security deposit and rental withholding
- A refundable deposit is not automatically rent, but its subsequent retention may require reclassification.
- rent paid every three months
- A quarterly installment is declared according to its actual payment or availability date, without artificial allocation.
A limited liability company rents a shop from an individual for 8,000 dirhams per month. In the absence of evidence that the landlord validly opted for voluntary payment, it withholds 800 dirhams and pays the landlord 7,200 dirhams. Over twelve months, the declared gross rent totals 96,000 dirhams and the withholdings total 9,600 dirhams. The owner separately determines annual net property income, which is, in principle, 57,600 dirhams after the 40% allowance, and then credits the 9,600 dirhams actually remitted and certified.
A company pays 45,000 dirhams quarterly for offices. The withholding is linked to payment or availability in accordance with the rules of the General Tax Code: it amounts to 4,500 dirhams for the installment. The company pays 40,500 dirhams to the owner and remits 4,500 dirhams to the Treasury in the following month. It must not artificially split that transaction across three returns if the lease, invoice, and accounting records establish a single quarterly payment. The exact date on which the amount is made available must nevertheless be consistent with the accounting entries.
Assume commercial rent of 12,000 dirhams excluding tax, to which lawfully invoiced VAT of 2,400 dirhams is added. Subject to the tax classification of the agreement, the property income withholding is 1,200 dirhams, calculated on the 12,000 dirhams. The payment to the landlord is then 13,200 dirhams: 12,000 dirhams of rent, plus 2,400 dirhams of VAT, less 1,200 dirhams of withholding. The accounting entries and annual certificate must separate these three components to avoid a discrepancy during an audit.
For mixed-use premises where one part is used as a private residence and the other as a professional office, the tenant’s identity, the party making the payment, and the allocation of the price must be examined. If the professional leases the entire premises and records all the rent in the accounts, the DGI may examine the full payment. A defensible allocation is based on the agreement, floor area, actual use, separate invoices, and consistent payments. An allocation devised after receipt of an audit notice, without contemporaneous supporting documents, will naturally be more difficult to defend.
An advance representing six months’ rent cannot be disregarded merely because it covers a future period. If the amount has vested in the landlord and is made available, it may trigger withholding when paid. Conversely, a genuinely refundable security deposit recorded as a liability is not automatically rental income. If it is subsequently retained to settle unpaid rent or compensation equivalent to rent, its tax classification must be reconsidered on the date it is applied for that purpose.