Self-employed entrepreneurs: Check your situation carefully!
Many people complete the necessary formalities to join the self-employed entrepreneur scheme. Some of them, who are actually engaged in an authorized activity, fulfill on a regular basis their reporting obligations and pay income tax. Others, however, officially register with the National Register of Self-Employed Entrepreneurs (RNAE) without consulting their case online.
As a result, these individuals find themselves liable to the Directorate General of Taxes for at least a 100-dirham ($11) surcharge for failure to file a return (Article 184-5 of the General Tax Code, CGI) and for the amount of contributions to the National Social Security Fund (CNSS), which remain mandatory.
A fifteen percent fine is also applied in the event of late filing of a turnover return, as well as a 10% penalty for late payment, plus 5% for the first month of delay and 0.5% for each additional month or fraction of a month of delay. Surprised by the amounts of the claims, which vary depending on the date of enrollment, many self-employed entrepreneurs are unaware that they are required to file a monthly or quarterly return, depending on the frequency chosen, even if they have not generated any revenue. In this case, these self-employed entrepreneurs must indicate “None” on their return.
Others are unaware that they are covered by compulsory CNSS medical insurance as soon as they register and that, as such, they must pay the relevant contributions. In the event of non-payment, it is important to note that the CNSS can now activate the third-party notice (ATD) procedure and block the debtors’ bank accounts.
Individuals who are no longer working or who have switched to salaried employment or self-employment are required to complete the deregistration formalities to stop the tax and social security surcharges from accruing. However, it should be noted that once deregistered as a self-employed entrepreneur, it is no longer possible to re-register. The only options remaining are the simplified net income regime (RNS) for turnover of less than MAD 500,000 (US$54,828), the actual net income regime for turnover above this amount (RNR), and the single professional contribution (CPU), provided that the person is eligible, unless they wish to set up a sole proprietorship limited liability company, with all its constraints. The change in option also affects self-employed entrepreneurs who exceed the annual turnover limits of MAD 200,000 (US$ 21,927) for services, and MAD 500,000 (US$ 54,828) for commercial, industrial, and craft activities. As long as the person remains within these limits, they are eligible for the status. If they exceed these limits for two consecutive years, they must change their legal status.
The actual net income regime (RNR) remains applicable to professional income generated from January 1st of the year following the two financial years at the end of which the turnover ceiling was exceeded.
Hassan EL ARIF
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