One of the main obligations that employers must consider during the month of May is the determination and distribution of Workers' Participation in Company Profits (PTU) of the company.
This participation is calculated through a percentage applicable to the taxable profit determined in the immediate previous fiscal year, in accordance with the provisions of the Income Tax Law (LISR) and is considered a right for workers in accordance with section A of the Political Constitution of the United Mexican States and Chapter VIII of the Federal Labor Law (LFT).
What percentage should be applied for PTU distribution?
According to the National Commission for Workers' Participation in Company Profits (CNPTUE), the percentage to be allocated for this purpose is 10% of profits.
How is the PTU amount determined?
For the calculation of the PTU, profits must be divided into two equal parts, the first is distributed equally among all workers, considering the number of days worked; the other part is divided proportionally based on the salary received. Once the payment has been individualized, it can only be reduced if the amount exceeds the maximum limit established in the LFT.
Is there a limit to consider in PTU distribution?
Yes, the PTU will have a maximum limit of 3 months of the worker's salary or the average of the participation received in the last three years; applying the amount that is most favorable to the worker.
In what timeframe must it be covered?
According to article 122 of the LFT, once the annual declaration of legal entities has been filed in March, the company must cover it 60 days later, that is, until May 31.
Must all companies distribute profits?
Not all are obligated to pay PTU, according to article 126 of the LFT, the following are exempted from this obligation:
Newly created companies, during the first year of operation.
Newly created companies, dedicated to the production of a new product, during the first two years of operation. The determination of the novelty of the product will be adjusted to what the laws provide for the promotion of new industries.
Newly created extractive industry companies during the exploration period.
Private assistance institutions, recognized by law, which with privately owned assets carry out acts for humanitarian assistance purposes, without profit and without individually designating beneficiaries.
The Mexican Social Security Institute and public decentralized institutions for cultural, assistance, or charitable purposes.
Companies with a smaller capital than that set by the Ministry of Labor and Social Welfare by industry branches, following consultation with the Ministry of Economy. The resolution may be reviewed in whole or in part when there are significant economic circumstances that justify it.
Do all workers have the right to profit sharing?
Not all employees are entitled to receive PTU, as the following conditions established in article 127 of the LFT must be considered:
Directors, managers, and general managers of companies will not participate in profits.
Other trusted workers will participate in company profits, but if the salary they receive is higher than that corresponding to the highest-paid unionized worker in the company, or in the absence of this, the plant worker with the same characteristic, this salary increased by 20% will be considered the maximum salary.
The amount of the workers' participation in the service of individuals whose income is exclusively derived from their work, and those dedicated to the care of goods that produce income or the collection of credits and their interests, may not exceed one month's salary.
Working mothers, during pre and postnatal periods, and workers victims of a work risk during the temporary incapacity period, will be considered as workers in active service.
Workers of a company's establishment are part of it for PTU purposes.
In the construction industry, after determining which workers are entitled to participate in the distribution, the Commission (CNPTUE) will take the measures it deems convenient so that they can be called.
Domestic workers will not participate in profit sharing.
Occasional workers will have the right to participate in company profits when they have worked for 60 days during the year, at least.
Final Considerations:
PTU is a right granted to workers, so it must be covered within the period established in the LFT.
In case not all profits have been distributed to workers, that is, they have not been claimed in the year they are due, it is important to consider that they must be added to the distributable profit of the following year.
Only those workers who have worked 60 days in the previous year to the PTU distribution will be entitled to receive it.
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