This article aims to answer the most frequently asked questions about the OCT of workers, offers a clear and accessible guide for both employers and workers, so that they know their rights and obligations regarding the PTU.
The legal and financial consequences derived from employers’ failure to pay or comply with the PTU are also discussed.
1. What is the PTU for Workers (PTU)?
The employee profit sharing It is a labor right that recognizes the contribution of workers in the profit generation of the company. It is a benefit that is granted in the form of a percentage of the net profits of the company during a determined period.
2. How is the amount that workers will receive as PTU calculated?
The PTU amount is 10% of the company’s annual profit.
3. Who is entitled to receive PTU?
They are entitled to receive PTU all workers who have worked at least 60 days during the period in which the profits were generated. This includes base, trust, casual and plant workers
4. Do workers pay ISR when receiving PTU?
The excess of 30 days of the minimum wage is taxed, the lower amount is exempt from ISR
5. What are the PTU payment expiration dates for legal entity employers and individual employers?
Moral person: May 30
Natural person: June 15
6. What is the PTU Mixed Distribution Commission?
The PTU Mixed Distribution Commission is a representative body made up of workers and employers, in charge of verifying that the distribution of the PTU is carried out in accordance with the law and in a fair and equitable manner.
7. What is the tax treatment before ISR for employers when paying PTU?
Regarding the tax treatment before the ISR, the PTU is considered a deductible expense for the employer.
8. How should the PTU be distributed among the workers?
The distribution of the PTU among the workers must be done proportionally to the time worked during the period being calculated and the total annual income of each worker. 50% for each of the 2 factors on the total PTU to be distributed
9. Which employers can pay a maximum of 1 PTU monthly salary to their workers?
Employers Individuals, professionals and landlords
10. What is the fine for not paying the corresponding PTU?
The fine for not paying the corresponding PTU may be up to the equivalent of 315 days of the general minimum wage in force in the corresponding economic zone.
Recommendation:
If you are an employer in Mexico, it is important that you comply with your legal obligations in relation to the PTU to avoid potential fines and penalties. We recommend that you consult with an expert in labor or tax law to find out the requirements and deadlines for the payment of the PTU, as well as the Fiscal obligations corresponding.
If you require more information or a specialized consultation, I will share your contact email: [email protected]
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