Utilities 2022: which workers are responsible for this payment and until when do they deposit?

As of Friday, March 25, the payment of profits for the year 2022 begins, with companies in the private sector — which carry out third-rate income generating activities, with more than 20 workers — being obliged to give this benefit to their workers, and even those who have concluded their employment relationship.

The amount that workers should receive in 2022, explains Julio Villalobos, associate of Miranda & Amado, will be calculated based on the days actually worked and the remuneration received during 2021.

But how long do employers have time to meet this obligation? Payment must be made within 30 calendar days following the expiration of the deadline for the Annual Income Tax Affidavit, otherwise delinquent interest would be generated. The time of payment will depend on the deadline that each company has to file its return.

If the payment of profits is not met, the company would incur a serious infringement, having to pay a fine ranging from S/7,222.00 (1.57 ITU) to S/120,152.00 (26.12 ITU). The amount will depend on the number of workers affected.

It should be noted that the payment of profits varies according to the economic activity of the company. Thus, for example, telecommunications, fishing and industrial companies must distribute 10% of their annual income before taxes; mining companies, commerce and restaurants 8%; and those that carry out other activities 5%, he says.

AMOUNT PER EMPLOYEE

Julio Villalobos details that, based on the percentage of profits that are due to be distributed to the employer, part of the amount to be paid to the worker will be calculated, taking into account the actual days worked, including those absences considered as legally mandated assistance, such as leave for accident at work or occupational illness; union leave; hours of breastfeeding; pre- and post-natal leave; among others; for this calculation the worker's income is also considered.

“The first half is calculated by dividing 50% of the percentage of the annual income that is due to be distributed to companies by the sum of the days actually worked by all workers in the year, and this result is multiplied by the number of days worked by each worker during the 2021 fiscal year,” he explains Villalobos, Spain.

The other half is based on the income of each worker. Here, again, 50% of the percentage of the annual income that is due to be distributed to companies is divided by the total amount of remuneration received by workers in 2021. This result is multiplied by the total remuneration that corresponds to each worker, he says.

Finally, remember that the employer must submit a settlement form, which shall contain at least: name or business name of the employer; full name of the worker; annual income of the company before taxes; number of days worked by workers; worker's remuneration considered for calculation; total number of working days for all workers (of the employer entitled to profit); total remuneration paid to all workers and amount of the remainder generated by the worker r, if any.

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