Last issue I told you about the Myth of 30.4but this time I will tell you about a couple of legal regulations where 30.4 is literally mentioned in those provisions.
First, we have the Income Tax Law Regulations in articles 163 and 174.
In these articles, the authority uses article 30.4 to offer alternative procedures for the calculation of income tax to be withheld from payrolls; article 163 is a procedure applicable to remuneration payments corresponding to several months, so that the withholding is not too high.
This procedure can be used, for example, for retroactive payments corresponding to several months.
The procedure of Article 174 is applicable to the calculation of income tax withholding on payments of:
- Aguinaldos
- Vacation premiums
- OCT
- Sunday bonuses
(Regarding this last concept, I consider that it was a slip of the tax authority, so I do not recommend applying it, it is a lot of work for a concept of ordinary periodicity), it is also so that the tax withholding is lower.
The other legal norm that expressly contains the 30.4 is the Law to Determine the Value of the Measurement and Updating Unit (UMA), which in its article 4 indicates that the 30.4 will be used to obtain the monthly value of the UMA.
As we can see, there are legal provisions where the use of 30.4 is mandatory, and although they have to do with payroll, their use is specifically limited to what these regulations indicate.
Therefore, I consider that there is no legal basis for using 30.4 indistinctly with the other calculations we make when preparing payrolls.
See you next time.
