In Peru, profit sharing is a labor right that benefits the private labor sector. This annual payment is based on the net profits from 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 penalties for non-compliance.
Maximum Deadline for Profit Payments in 2025
Under current legislation, companies must pay profits within 30 calendar days of filing their Annual Income Tax Return to the SUNAT (Superintendencia Nacional de Aduanas y Administración Tributaria – National Superintendency of Customs and Tax Administration). For the 2024 fiscal year, this deadline is May 15, 2025. During this period, companies must calculate, distribute, and deposit the profits corresponding to each worker, based on established criteria.
Profit Calculation: Process
The amount of profits corresponding to each worker is calculated based on the net profits obtained by the company and distributed equally in two parts:
- 50% according to the days worked: A proportional part is allocated based on the number of days actually worked by the employee during the fiscal year.
- 50% based on annual remuneration: Distributed proportionally to the annual remuneration received by the employee.
The profit percentages vary according to the economic corporate sector, ranging from 5% to 10% of the net taxable income. This benefit applies to permanent, temporary, or fixed employees on the payroll.
Non-compliance Penalties
Companies failing to comply with the profit payment within the established period may be sanctioned by the SUNAFIL (Superintendencia Nacional de Fizcalización Laboral – National Superintendence of Labor Inspection). 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 aware of the established deadlines and procedures to avoid sanctions and guarantee the well-being of their workers. On the other hand, employees should be mindful of their rights and how to report non-compliance.
Source: La República