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The new provisions include a specific category of miscellaneous income and gains, often from unjustified sources or unclassifiable in traditional tax categories. This mainly concerns income detected during tax audits of individuals, the source of which remains undeclared.
This is a device aimed at subjecting certain types of income, hitherto not taxed, to specific taxation, thus broadening the scope of application of the income tax (IR) relating to the article 6-22 of the General Tax Code.
The measure targets winnings from games of chance, whether in cash or in kind. From now on, these winnings will be subject to a withholding tax of 30%, a rate considered to be dischargeable. This levy will be applied by the entities responsible for paying winnings, including in particular online gaming platforms. This restraint also extends to credit institutions and intermediaries that facilitate transactions.
Furthermore, the system provides for an exemption for winnings from games of chance whose annual amount does not exceed 5.000 DH.
Likewise, other adjustments have been proposed to clarify and harmonize the General Tax Code with this new tax reality. For example, article 73 now specifies the final rate of 30% for these various gains, and article 78 requires the declaration of the tax identity of the people receiving this income. Specific payment procedures and deadlines for withholding gambling winnings are also included in Article 174.
In case of non-compliance with tax obligations, Articles 186, 201 and 208 define sanctions for violations, such as non-payment or delay in remittance of tax withheld at source.
The date of entry into force of these new tax provisions is scheduled for January 1, 2025. Regarding withholding tax on winnings from games of chanceit will be effective from July 1, 2025thus giving the institutions concerned time to adapt their processes.
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Badr Elhamzaoui
November 19, 2024 at 10:16 a.m.
Modified November 19, 2024 at 7:20 a.m.
