1. This report is Morocco’s first annual peer review report. Consistent with the agreed methodology this report covers: (i) the domestic legal and administrative framework, (ii) the exchange of information framework as well as (iii) the appropriate use of CbC reports.
2. The first filing obligation for a CbC report in Morocco commences in respect of fiscal periods commencing on or after 1 January 2021.
3. Morocco has implemented CbC legislation in budget law 2020. This legislation is in effect and will be reviewed in the next review.
4. It is recommended that Morocco take steps to put in place an exchange of information framework that allows automatic exchange of information and have QCAAs in effect with jurisdictions of the Inclusive Framework which meet the confidentiality, consistency and appropriate use prerequisites and with which Morocco has an international exchange of information agreement in effect that allows for the automatic exchange of tax information.
5. It is recommended that Morocco take steps to implement processes or written procedures to ensure that the exchange of information is conducted in a manner consistent with the terms of reference (OECD, 2017[3]) relating to the exchange of information framework ahead of the first exchanges of information.
6. It is recommended that Morocco take steps to ensure that the appropriate use condition is met ahead of the first exchanges of information.
7. Morocco has implemented legislation in its budget law 2020 to meet the BEPS Action 13 minimum standard. This legislation will be reviewed in the next peer review.
8. Morocco has legislation in place for implementing the BEPS Action 13 minimum standard. Review of this legislation will take place next year.
9. As of 31 March 2020, Morocco has no bilateral relationships in place for the exchange of CbC reports. It is recommended that Morocco take steps to have qualifying competent authority agreements in effect with jurisdictions of the Inclusive Framework that meet the confidentiality, consistency and appropriate use conditions and with which Morocco has an international exchange of information agreement in effect that allows for the automatic exchange of tax information.
10. Morocco does not have processes or written procedures in place that are intended to ensure that each of the mandatory fields of information required in the CbC reporting template are present in the information exchanged.
11. Morocco does not have processes or written procedures in place that are intended to ensure that CbC reports are exchanged with all tax jurisdictions listed in Table 1 of a CbC report with which it should exchange information as per the relevant QCAA.
12. Morocco does not have processes or written procedures in place that are intended to ensure that the information to be exchanged is transmitted to the relevant jurisdictions in accordance with the timelines provided for in the relevant QCAAs.
13. Morocco does not have processes or written procedures in place that are intended to ensure that a temporary suspension of the exchange of information or termination of a relevant QCAA would be carried out only as per the conditions set out in the relevant QCAA.
14. Morocco does not have processes or written procedures in place that are intended to ensure that its Competent Authority consults with the other Competent Authority before making a determination of systemic failure or significant non-compliance with the terms of the relevant QCAA by that other Competent Authority.
15. Morocco has not confirmed the format that will be used for the international exchange of CbC reports.
16. Morocco has not confirmed the mechanism that it will use to exchange CbC reports.
17. It is recommended that Morocco take steps to have qualifying competent authority agreements in effect with jurisdictions of the Inclusive Framework that meet the confidentiality, consistency and appropriate use conditions and with which Morocco has an international exchange of information agreement in effect that allows for the automatic exchange of tax information.
18. It is recommended that Morocco take steps to implement processes or written procedures to ensure that the exchange of information is conducted in a manner consistent with the terms of reference (OECD, 2017[3]) relating to the exchange of information framework ahead of its first exchanges of information.
19. Morocco does not yet have measures in place relating to appropriate use.
20. It is recommended that Morocco take steps to have measures in place relating to appropriate use ahead of the first exchanges of information.
21. It is recommended that Morocco take steps to ensure that the appropriate use condition is met ahead of its first exchanges of information.
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Aspect of the implementation that should be improved |
Recommendation for improvement |
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|---|---|---|
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Part A |
Domestic legal and administrative framework |
A review of Morocco’s domestic legal and administrative framework will be undertaken as part of the next BEPS Action 13 peer review.. |
|
Part B |
Exchange of information framework |
It is recommended that Morocco take steps to put in place an exchange of information framework that allows Automatic Exchange of Information and have QCAAs in effect with jurisdictions of the Inclusive Framework which meet the confidentiality, consistency and appropriate use prerequisites and with which Morocco has an international exchange of information agreement in effect that allows for the automatic exchange of tax information. |
|
Part B |
Exchange of information framework |
It is recommended that Morocco take steps to implement the necessary processes or written procedures to ensure that the exchange of information is conducted in a manner consistent with the terms of reference relating to the exchange of information framework. |
|
Part C |
Appropriate use |
It is recommended that Morocco take steps to ensure that the appropriate use condition is met ahead of the first exchanges of information. |
OECD (2017), Terms of reference for the conduct of peer review of the Action 13 minimum standard on country-by-country reporting, OECD Publishing, https://www.oecd.org/tax/beps/beps-action-13-on-country-by-country-reporting-peer-review-documents.pdf. [3]