08 Jan New IMSS criteria for the integration of attendance and punctuality bonuses in the contribution base salary
New IMSS criteria for the integration of attendance and punctuality bonuses in the contribution base salary
On December 10th, 2024, the Mexican Social Security Institute (IMSS) published in the Official Gazette (DOF) Criteria 03/2024/NV/SBC-LSS-27-VII, through agreement ACDO.AS2.HCT.281124/436.P.DIR.
This criteria establishes the rules for excluding attendance and punctuality bonuses from the contribution base salary (SBC by its acronym in Spanish). Its purpose is to serve as a guide for employers to avoid prohibited tax practices regarding social security matters and to correctly integrate such incentives.
Requirements for excluding bonuses from the contribution base salary (SBC):
1. 10% Limit: Each bonus, whether for attendance or punctuality, must not exceed 10% of the SBC, as per Article 27, Section VII, of the Social Security Law (LSS).
2. Attendance and punctuality records: Employers must maintain accurate records to justify these bonuses.
3. Accounting records: Payments for these bonuses must be duly recorded in the employer’s accounting records.
Failure to comply with any of these requirements will imply that the corresponding bonuses must be integrated to the employee's SBC to calculate employer-employee contributions.
Identified improper/prohibited practices:
• Excluding bonuses that exceed the 10% limit from the SBC.
• Awarding bonuses without conditioning them on verifiable perfect attendance or punctuality.
• Failing to record these payments in the employer’s accounting.
• Among other improper practices.
Recommendations for employers:
• Review and adjust bonus policies to ensure compliance with the IMSS criteria.
• Implement internal controls to support the proper disbursement and recording of these bonuses.
At Cuesta Campos, we can help you understand the new IMSS criteria, as well as the implementation of new measures to avoid contingencies derived from an incorrect integration of the contribution base salary (SBC).
Contact:
Gerardo Valencia
gvalencia@cuestacampos.com
Adrián Pérez
aperez@cuestacampos.com
Eduardo Hale
ehale@cuestacampos.com
THE ABOVE IS PROVIDED AS GENERAL INFORMATION PREPARED BY PROFESSIONALS WITH REGARD TO THE SUBJECT MATTER. THIS DOCUMENT ONLY REFERS TO THE APPLICABLE LAW IN MEXICO. WHILE EVERY EFFORT HAS BEEN MADE TO ENSURE ACCURACY, NO RESPONSIBILITY CAN BE ACCEPTED FOR ERRORS OR OMISSIONS. THE INFORMATION CONTAINED HEREIN SHOULD NOT BE RELIED ON AS LEGAL, ACCOUNTING OR PROFESSIONAL ADVICE BEING RENDERED.