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Interest on Delayed Payments to MSMEs in India
The Micro, Small and Medium Enterprises Development (MSMED) Act, 2006, provides strong protection for MSMEs against delayed payments from buyers. Under Section 16 of the Act, if a buyer fails to make payment to an MSME supplier within the agreed period (not exceeding 45 days), the buyer is liable to pay compound interest on the outstanding amount.
How is the Interest Calculated?
The interest rate is three times the Bank Rate notified by the Reserve Bank of India (RBI). This rate is compounded on a monthly basis. The calculation period starts from the day immediately following the agreed payment due date and runs until the date of actual payment.
The calculation involves two parts:
- Compound Interest for Complete Months: For every full calendar month of delay, interest is calculated on the outstanding principal (and any previously accrued interest) using the monthly equivalent of the annual rate.
- Simple Interest for Remaining Days: For any leftover days that do not complete a full month, simple interest is calculated on the new total (principal + compound interest) for that exact number of days.
Example Calculation
An MSME supplies goods worth ₹1,00,000, accepted on January 1, 2026. The payment terms are 30 days, making the due date January 31, 2026. The buyer pays on April 15, 2026. The RBI Bank Rate is 6.5% per annum.
- Applicable Rate: 3 x 6.5% = 19.5% per annum.
- Delay Period: From February 1 to April 15 = 2 full months (Feb, Mar) + 15 days.
- Compound Interest for 2 months: Interest on ₹1,00,000 at 1.625% per month (19.5%/12) for 2 months = ₹1,00,000 * ((1.01625^2) - 1) = ₹3,275.39
- New Principal for Remaining Days: ₹1,00,000 + ₹3,275.39 = ₹1,03,275.39
- Simple Interest for 15 days: ₹1,03,275.39 * 19.5% * (15/365) = ₹827.41
- Total Interest: ₹3,275.39 + ₹827.41 = ₹4,102.80
- Total Payable: ₹1,00,000 + ₹4,102.80 = ₹1,04,102.80
Common Scenarios
Goods vs. Services: The Act covers both. The date of "acceptance" is key. For services, it is often the date the invoice is raised or the service is completed and acknowledged.
Unpaid Invoices: You can use the calculator with a future "Calculation Date" to estimate interest up to the present day or a proposed settlement date.
Multiple Invoices: Interest must be calculated separately for each invoice, as each will have its own acceptance and due date.
Next Steps: Formal Demand for Payment
If a payment is significantly delayed, the first formal step is usually to send a notice to the buyer. This serves as a legal record of your claim and can often prompt payment without needing to go to court. A well-drafted notice should include details of the transaction, the calculated interest, and a clear deadline for payment.
You can use our Notice to Inform about the Delay in Payment for the Delivery of Goods to create this formal communication. It allows you to detail the invoice, the overdue period, and the interest claimed, making your demand clear and legally sound.