This Thursday was published in the Official Gazette the Law that readjusts the amount of the minimum monthly income, as well as the family / maternal allowance and the family allowance. It also grants a temporary subsidy to micro, small and medium-sized enterprises (SMEs), and establishes a compensatory contribution to the increase in the value of the basic food basket.
According to the information gathered by T13, the new law will raise the monthly minimum wage to $ 380,000, from May 1 – retroactively – for workers from 18 to 65 years of age. Then, as of August 1, 2022, the income would rise to $400,000.
If eventually the accumulated variation experienced by the Consumer Price Index (CPI) exceeds 7% in a twelve-month period to December 2022, the minimum income will rise to $410,000 from January 2023.
In addition, it is indicated that no later than April 2023, the President of the Republic must send Congress a new adjustment to the amount of the minimum wage, as well as the rest of the state benefits provided by this law, in order to begin to take effect from May 1, 2023.
In relation to the temporary subsidy for SMEs, the new law establishes that this will be paid to natural and legal persons, including cooperatives, who have reported the start of activities in the first category before the Internal Revenue Service (SII), which must have annual income from sales and services of the draft greater than 0.01 UF and equal to or less than 100,000 UF.
So depending on the start of activities, the formula for the calculations of the subsidy will vary. It will also be paid to those non-profit legal entities and communities, constituted until April 30, 2022.
“In the event that they do not register annual income from sales and services, they will be considered as microenterprises for the purposes of this law,” the text states.
As for the amounts that the tool will deliver, the contribution per worker of the SME will be $ 22,000 between the months of May to July 2022 and $ 26,000 from August 2022.
If the CPI exceeds 7% in 12 months, between January and April 2023 the amount per worker will be equal to $32,000.
The law published in the Official Gazette also explains who is excluded from the benefit. In this way, individual companies that have a single worker or a single dependent worker who coincides with the constituent of the company will not be able to make use of this tool.
Likewise, companies by shares that have a single worker or a single dependent worker who coincides with one of the partners or one of the partners of the company are excluded.
Also excluded are legal persons of any kind that have one or more partners or shareholders who are, in turn, legal persons, and who have reported the start of activities since April 30, 2022.
And thirdly, those who, as of April 30, 2022 and during the validity of the subsidy created by this law, carry out financial and insurance activities in accordance with the economic activity codes of the SII, are also exempt from the benefit.
In this way, natural and legal persons who start activities after April 30, 2022 will not be entitled to receive the subsidy corresponding to the months of May, June and July 2022.
On the other hand, natural and legal persons who start activities from August 1, 2022 onwards, will not be entitled to receive the subsidy, unless the CPI exceeds 7% in a period of twelve months to December 2022, in which case they will be entitled to receive it for the months of January, February, March and April 2023.
The workers who will be considered for the calculation of the subsidy will be the dependents who register taxable income between $ 349,000 and $ 351,000, and between $ 436,500 and $ 438,500 in the corresponding base month.
In another line, this law says that the subsidy must be requested by the beneficiary only once, without prejudice to the fact that it will accrue monthly.
This request will be made on an electronic platform provided by the SII, an agency that will inform the General Treasury of the Republic to proceed to pay it, according to the means of payment chosen by the beneficiary.
“The first payment will be made within fifteen calendar days, counted from the date on which the Internal Revenue Service communicates the origin of the respective subsidy to the beneficiary, and the following payments will be made on the last working day of the respective month. In no case may more than thirty days elapse between the application and the first payment of the subsidy,” the text says.
With regard to the compensatory monthly contribution of the increase in the value of the basic food basket, the Official Gazette specifies that it will be a benefit aimed at those responsible for the family and maternal allowance of the Single System of Family Benefits.
This contribution will also be received by the families that as of December 31, 2021, were users of the “Security and Opportunities” subsystem, created by Law No. 20,595, regardless of whether they receive monetary transfers for this reason.
That is why the Ministry of Finance must issue an exempt decree that establishes the amount of the contribution for the month, which will be calculated as the difference in the nominal value of the Basic Food Basket reported by the Ministry of Social Development and Family of the month prior to that in which the decree is issued, or the most up-to-date value possible.
This monthly contribution will not constitute remuneration or income for any legal effect and, consequently, will not be taxable or taxable and will not be subject to any discount.
The established contribution will be of fiscal charge, and its payment will be made monthly by the Social Security Institute, in accordance with the rules issued by the Superintendence of Social Security.
Those who unduly receive the contribution, the text says, are exposed to administrative and criminal sanctions and, in addition, must return the sums unduly received, readjusted in accordance with the variation experienced by the CPI.
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