according to Labor defense attorney in Mexico City, The Profit sharing is a constitutional right For anyone who has a contractual employment relationship with a company and employer.
This payment must arrive within 60 days after individuals and legal entities file their annual tax return prior to the SAT, The same should be done from 1 to 30 April.
According to the SAT, “All workers who provide a secondary personal employment to a natural or legal person, through the payment of a salary, They have the right to participate in the profits of the companies in which they work“.
Therefore, we share a series of points that you should take into account about profit sharing After completing the tax return process.
- In order for the workers to know whether the employer with whom they work has declared profits, the said employers are obliged to hand them over to the workers’ representatives (the union, or to the majority of the workers) A copy of the annual declaration within 10 counted days from the date of its filing.
- Dividend distribution will be divided into two parts: The first consists of Equal distribution among all employees of the company “Taking into account the number of working days for each day of the year,” according to SAT. The second consists of Relative to the amount of wages received during the year for each worker.
- Distribution must take place 60 days after the date Approval of the tax return (March 31 for companies and April 30 for individuals).
- From 1 April to 31 May they receive moral people Public order (companies).
- From May 1 to June 29, normal persons With commercial and professional activities, as well as natural persons for the tax incorporation system.
How are utility payments calculated?
According to Sodexo, which is dedicated to managing services for employees, utility payments should be calculated as follows:
- Determine your taxable incomewhich is determined by subtracting undiscounted deductions and deductions from gross income.
- Percentage application from the participation of collaborators. This is determined by the SAT and this is 2021, the applicable percentage is 10 percent.
- Determine the number of collaborators.
- to publish In two parts, according to the above.
- Calculate the part per day It helps to distribute in a correct and simple way.
Who are the workers who are not entitled to participate in corporate profits?
- Directors, administrators and general managers of the company.
- Partners or shareholders of the company.
- Temporary workers who worked less than 60 days during the year for which the dividend corresponds.
- Professionals, technicians and others, who provide their services by paying fees, without a secondary business relationship.
- local workers.
Utility payments will be higher this year
The head of the Department of Labor and Social Welfare (STPS), Luisa Maria Alcaldi, reported at the end of February that Profit sharing will increase As a result of the outsourcing law that went into effect in 2021.
In the event that you do not get a share of the profits, You can turn to the local conciliation and arbitration board in Mexico City. In the absence of a private attorney, the Labor Defense Attorney’s Office shall sponsor the labor trial before the aforementioned authority, free of charge.
For the rest of the Republic, people who have not received their utility payments can file a complaint with STPS through the following email: [email protected] They can also go to a labor defense attorney’s office, where they will be given advice on payment.
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