ncferret
Dec 8, 2007, 9:09 AM
Post #3 of 5
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Re: [Rolly] Social Security when small projects become big.
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Here is how my accountant explained the responsibility for IMSS payments and this was confirmed by an IMSS staff member. The size of the project is irrelevant as far as the law is concerned. The only question that needs to be asked is who is paying the workers. If you are paying the workers directly, then you should be paying IMSS for every single day worked. The system is set up so that when you file, you actually only pay for those days worked by your temporary employees.
If you hire a company to do a job, let's say install all the windows in a home, then the company is employing the workers, not you, so you don't pay the IMSS. Its really just a matter of where the employer-employee relationship resides.
If you have an architect do a large job for you , be VERY careful to put IN WRITING who is responsible for the payment of IMSS. Generally, the workers are working for the architect, but if he isn't paying the IMSS, the responsibility for any accident on the job site will be the homeowners - not the architect. If you are doing a large renovation project, make sure the architect or GC gives you copies of the paid IMSS bills each months. Workers can go back FIVE years and make claims against a particular job site. I've know a few architects that claimed to pay the IMSS, but never did. I've even seen where the homeowners were forced to pay claims and fines for non-payment of IMSS.
If you pull a permit, many times the planning office that issues the permit coordinates with IMSS to make sure the workers are covered.
Now, practically speaking, very few people hire a guy to remove and replace a sidewalk - say 3 days of work - and pay IMSS, but technically you should and its really rather simple as the entire system is online and fairly easy to understand.
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