Bibliographic citations
Garate, K., (2015). Retención del impuesto a la renta de quinta categoría en bonificaciones devengadas, repercusiones en el derecho a una remuneración suficiente. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/186
Garate, K., Retención del impuesto a la renta de quinta categoría en bonificaciones devengadas, repercusiones en el derecho a una remuneración suficiente. [Tesis]. : Universidad Andina del Cusco; 2015. https://hdl.handle.net/20.500.12557/186
@misc{renati/954904,
title = "Retención del impuesto a la renta de quinta categoría en bonificaciones devengadas, repercusiones en el derecho a una remuneración suficiente.",
author = "Garate Garate, Karla Marinez",
publisher = "Universidad Andina del Cusco",
year = "2015"
}
Accrued interests are subject to fifth category taxes. However, because of budgetary reasons, these interests are paid in installments. This is the topic that has been analyzed in this investigation project; specifically the Urgency Decree N° 037-94 through which a special bonus was granted to civil servants. Due to the bonus not being granted in due time, it was accrued. In a sentence, judges ordered employers to pay the bonus, and maintain to retain the fifth category taxes. It is thus noted that accrued interests are paid in installments and that the employer has wide discretion regarding the retention of fifth category taxes. For example, amounts of up to 99% of the current employees’ salaries might be retained. An analysis of the employees’ pay slips was conducted, evidencing the inopportune manner in which the retentions are carried out. Equally, the number of affected workers and the lack of a law to determine when accrued interest may be retained are shown through the analysis of judicial and administrative resolutions. Due to this current legal vacuum the employers’ have been using self-determined latitude to retain the fifth category taxes which in turn has led them to violate the non-confiscatory principle and the principle of respect of the fundamental rights of the person. In summary, this confiscatory retention has infringed the right to a sufficient payment. This affects not only the workers but the people that depend on them because they cannot satisfy their basic needs. Due to this problem it is necessary to establish obligatory parameters which have to be taken into account by the employers when retaining fifth category taxes.
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