In Peru, profit sharing is a labor right that benefits private sector workers. This annual payment is based on the net profits obtained by companies that generate third-category income and have recorded profits in the previous fiscal year. The regulations establish specific deadlines for payment, clear criteria for calculation and sanctions in case of non-compliance
Maximum Deadline for Profit Sharing Payments in 2025
Under current legislation, companies must make profit sharing payments within 30 calendar days of submitting their Annual Income Tax Return to the National Superintendency of Tax Administration (SUNAT). For the 2024 tax year, this deadline is May 15, 2025. During this period, companies are required to calculate, distribute and deposit the profits corresponding to each worker according to established criteria.
Calculation of Profits: How is the Amount to Be Received Determined?
The amount of profits corresponding to each worker is calculated based on the net profits obtained by the company and is distributed in two equal parts:
- 50% according to the days worked: A proportional part is assigned to the number of days actually worked by the employee during the fiscal year.
- 50% based on annual remuneration: It is distributed in proportion to the annual remuneration received by the worker.
The profit percentages vary according to the economic sector of the company, ranging from 5% to 10% of the net taxable income. This benefit applies to workers on the payroll with permanent, temporary or fixed-term contracts.
Penalties for Failure to Pay Profits
Companies that fail to comply with the payment of profits within the established period may be sanctioned by the National Superintendency of Labor Inspection (Sunafil). Fines vary according to the size of the company and can reach up to S/241,638 in the case of large companies. In addition to financial penalties, companies may face default interest for late payments and possible lawsuits from affected workers.
Conclusion
Timely payment of profits is essential to maintaining a fair and equitable employment relationship. Companies must be mindful of the established deadlines and procedures to avoid sanctions and guarantee the well-being of their workers. For their part, employees must know their rights and be informed about the mechanisms available to file complaints in case of non-compliance.
Source: La República