1. 1. LF 2026: the +2% surcharge on non-traceable transactions
The flagship article of the 2026 Finance Act for real estate is the introduction of a 2-point surcharge on registration fees when the sale price is not paid through a traceable banking channel.
The measure targets two objectives: combating money laundering and curbing under-declaration of sale prices, a practice still common in Morocco where the gap between declared and actual price can exceed 30% in certain segments.
Specifically, as soon as any part of the acquisition price is paid outside the banking circuit — cash, set-off, dation, without transfer or certified cheque — the deed falls into the "non-traceable" category and incurs the +2% surcharge.
The measure applies to transactions registered from January 1, 2026, regardless of when the preliminary agreement was signed.
Exact scope
The surcharge targets real estate transfers (primary, secondary, rental, land) AND business asset transfers. Donations and inheritance follow a separate regime, not concerned by +2%.
2. 2. Complete 2026 scale (with +2% surcharge)
The table below summarizes the rates applicable depending on the nature of the transaction and whether the payment is traceable.
| Type of transaction | Standard rate (traceable) | Surcharged rate (non-traceable) |
|---|---|---|
| Primary residence (buyer) | 4% | 6% |
| Secondary / rental residence | 6% | 8% |
| Vacant building land | 6% | 8% |
| Commercial / professional premises | 6% | 8% |
| Business asset (fonds de commerce) | 6% | 8% |
| First social housing purchase (≤ 250,000 MAD) | Exempt | Exempt |
| Donation between ascendants/descendants | 1.5% | 1.5% (not concerned) |
| Inheritance | Separate transfer duties | Not concerned |
Key point
The 4% primary residence rate assumes the buyer commits to occupying the property as primary residence for at least 4 years. Otherwise, reassessment at the 6% rate.
3. 3. "Non-traceable": the tax authority's exact definition
The notion of traceable payment is the pivot of the new rule. Here is what the implementing circular retains.
- Cash: non-traceable, regardless of amount
- Endorsable or non-crossed cheque: non-traceable
- Set-off between seller and buyer claims: non-traceable
- Dation in payment (asset exchange): non-traceable
- Payment into undeclared foreign account: non-traceable
- Partial cash payment (even 10%): triggers +2% on the total
Considered as traceable payment any settlement made via: interbank transfer, non-endorsable crossed cheque, certified cheque, discounted bill of exchange, or direct debit by a credit institution as part of a property loan.
Trap to avoid
The non-traceable nature of even a small fraction contaminates the entire transaction. A buyer paying 90% by bank loan and 10% in cash incurs the surcharge on 100% of the declared price.
4. 4. Three concrete cases: 2026 fee calculation
To measure the real impact of the surcharge, here are three scenarios representative of the Moroccan market.
Case 1 — Primary residence 1,500,000 MAD (Casablanca, young couple)
Acquisition by 100% property loan, payment by bank transfer. The couple benefits from the standard 4% primary residence rate.
| Item | Calculation | Amount |
|---|---|---|
| Registration fees | 1,500,000 × 4% | 60,000 MAD |
| Land registry | 1,500,000 × 1.5% + 200 | 22,700 MAD |
| Notarial tax | 1,500,000 × 0.5% | 7,500 MAD |
| Notary fees (excl. VAT) | ≈ 0.75% | 11,250 MAD |
| VAT on notary (20%) | 11,250 × 20% | 2,250 MAD |
| Total acquisition costs | 103,700 MAD (6.9%) |
Case 2 — Secondary residence 2,500,000 MAD (Marrakech, mixed payment)
Buyer pays 2,000,000 MAD by transfer and 500,000 MAD in cash. Consequence: +2% surcharge on the whole, rate 8% instead of 6%.
| Scenario | Fee rate | Fees due |
|---|---|---|
| If 100% traceable | 6% | 150,000 MAD |
| With 500,000 MAD cash (non-traceable) | 8% | 200,000 MAD |
| LF 2026 extra cost | +2 pts | +50,000 MAD |
Case 3 — MRE buys apartment 1,800,000 MAD (Tangier, repatriated funds)
Moroccan resident in France repatriates funds via SWIFT transfer declared to the Foreign Exchange Office. 100% traceable payment, 4% primary residence rate applicable if commits to occupy.
- Registration fees: 1,800,000 × 4% = 72,000 MAD
- Land registry: 27,200 MAD
- Notarial tax + notary: ≈ 25,000 MAD
- Total ≈ 124,000 MAD (6.9%)
- If partial off-circuit payment: +36,000 MAD extra cost
5. 5. Registration procedure (HowTo)
Registering a deed is mandatory within 30 days of signing. Here are the practical steps.
- Step 1: The notary drafts the authentic deed and submits it to the Regional Tax Directorate (DRI)
- Step 2: Liquidation of duties by the inspector — verification of declared price vs market value
- Step 3: Payment of duties by the notary (from buyer's deposit account)
- Step 4: Affixing of tax stamp and registration mention
- Step 5: Filing with Land Registry for entry on the title
- Step 6: Issuance of the new title deed (4 to 8 weeks)
Mandatory deadline
Beyond 30 days, late penalties apply (see section 6). The notary engages civil liability if exceeding this deadline without legitimate reason.
6. 6. Late penalties
Penalties for failure or delay in registration are heavy and cumulative.
| Infringement | Penalty | Calculation basis |
|---|---|---|
| Late registration (beyond 30 days) | 15% | On duties due |
| Late payment (per month or fraction) | 5% per month | On duties due |
| Insufficient declared price | 100% | On duty shortfall |
| Voluntary concealment | 200% | On shortfall + interest |
Example: on 60,000 MAD of duties due, a 6-month delay generates 9,000 MAD (15%) + 18,000 MAD (5% × 6 months) = 27,000 MAD penalties, or 45% of the principal.
7. 7. Optimization: use bank transfer
The post-LF 2026 optimization strategy is clear: route everything bankwise to avoid the +2% surcharge.
- Favor property loan which makes payment automatically traceable (bank release → notary)
- For personal contribution, use transfer from savings account rather than cash withdrawal
- MRE: declare repatriations to Foreign Exchange Office (mandatory form 2)
- Refuse any "under the table" arrangement requested by the seller — the buyer pays the duties
- Include in the preliminary agreement a clause "full payment by transfer" to secure the standard rate
- Keep banking evidence (transfer notices, sender/recipient IBAN) for 10 years
Typical saving
On a 2 million MAD secondary residence acquisition, moving from "non-traceable" to "traceable" saves 40,000 MAD in duties — the equivalent of 4 months of property loan instalments.
8. 8. Total impact on acquisition cost and property loan
The LF 2026 surcharge stacks with other acquisition costs, and mechanically impacts the overall budget of the real estate project.
| Property price | Costs (4% traceable) | Costs (6% non-traceable) | LF 2026 extra cost |
|---|---|---|---|
| 1,000,000 MAD | ≈ 69,000 MAD | ≈ 89,000 MAD | +20,000 MAD |
| 1,500,000 MAD | ≈ 104,000 MAD | ≈ 134,000 MAD | +30,000 MAD |
| 2,000,000 MAD | ≈ 138,000 MAD | ≈ 178,000 MAD | +40,000 MAD |
| 3,000,000 MAD | ≈ 207,000 MAD | ≈ 267,000 MAD | +60,000 MAD |
In Morocco, acquisition costs traditionally represent 6.5% to 7.5% of the property price (traceable primary residence). With the +2% surcharge, they can climb to 8.5% — 9.5% in non-traceable mode, the equivalent of an additional monthly payment over 24 months of credit.
On the bank side, acquisition costs are almost never financed by the standard property loan. The buyer must therefore have this cash in addition to the down payment on the purchase price (usually 10 to 20%).
Property loan recommendation
Before signing a preliminary agreement, simulate your loan with real acquisition costs (applicable rate + traceability). Wafir.ma supports you in optimal structuring.
9. FAQ
Q.What is the +2% LF 2026 surcharge on registration fees?
Q.What is the registration fee scale in Morocco in 2026?
Q.What is a non-traceable payment?
Q.If I pay 90% by transfer and 10% in cash, does the surcharge apply?
Q.Within what deadline must I register an acquisition deed?
Q.Are MREs concerned by the surcharge?
Q.What are the other acquisition costs in Morocco?
Q.Is the 4% primary residence rate definitively acquired?
Q.Can acquisition costs be financed by the property loan?
Q.How to legally avoid the +2% surcharge?
Simulate your property loan with 2026 acquisition costs
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