provisional payment for legal entities 2018 with employee profit sharing (ptu)
Employee profit sharing (PTU) is a constitutional right, also protected by the Federal Labor Law, which employers individuals must calculate and pay within 60 calendar days after the date on which they should have filed their annual return. That is, no later than June 29, considering the following:
The payment of this remuneration, like all other perceptions that constitute income for workers, is taxed with income tax (ISR) and must be recorded in a Payroll CFDI that is issued exclusively to cover (tax and accounting) their remuneration to the worker.
At MYSuite, we advise you on how to fill out and issue any digital tax receipt (CFDI) that you need to issue. If you have any questions about the payment of utilities or other tax issues, contact us. Remember that we are always ready to guide you.
One of the most important issues that arose during the debates and working groups on the outsourcing reform is that of profit sharing (technically known as Employee Profit Sharing, or PTU). The private sector has talked about placing a cap on profit sharing. With this, it is hoped to have a way to attenuate the blow to companies’ finances that would result from the elimination of outsourcing.
According to some specialists, if subcontracting is completely eliminated and the PTU is maintained as it currently is, Mexico will be one of the countries with the highest tax burdens in the world.
During his participation in the roundtables, Antonio del Valle, president of the Mexican Business Council (CMN), explained that, for investors, the PTU is considered a tax. In addition, the 30% ISR rate must be considered, which added to the 10% PTU gives a total of 40%. According to del Valle, this is one of the highest tax rates in the world.
calculation of ptu profit sharing contpaqi payrolls
All employers, whether individuals or corporations, are obliged to make the payment of employee profit sharing (PTU), as long as they have reported the taxable base in their annual income tax return, in accordance with article 117 of the Federal Labor Law.
This must be delivered to the employees within sixty days from the day following the day on which the annual income tax return for the year was filed or should have been filed.
Once the individual distribution of each worker is determined, the corresponding ISR must be calculated for this income to each employee, which is exempt up to the equivalent of 15 days of the general minimum wage according to the text of the respective Law; but, let’s not forget that according to the «Decree by which several provisions of the Political Constitution of the United Mexican States are declared amended and added, regarding the de-indexation of the minimum wage», published on January 27, 2016 in the Official Gazette of the Federation, the Measurement and Updating Unit (UMA, for its initials in Spanish) is considered.
calculate taxes: how to calculate ptu with excel?
As it has been discussed in several Fiscalia’s analysis, the calculation of the Net Tax Profit for the Year (PTU) has several aspects in its procedure that can cause a double effect to the detriment of the taxpayer.
I. The taxable income will be obtained by deducting from the total taxable income obtained in the year, the deductions authorized by this Title and the workers’ profit sharing paid in the year, in the terms of Article 12 of the Mexican Constitution.
As can be observed, the Tax Result already contemplates the reduction of the PTU paid in the fiscal year; therefore, by combining the two procedures, the following mechanics are obtained for the determination of the UFIN:
This effect is negative for the taxpayer since the same concept is unjustifiably subtracted twice, thus decreasing the balance of the profit account that has already paid tax, which will result in a higher tax payment at the time the profits are distributed to the partners.