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The MSME 45-day payment rule in 2026: interest, the buyer's tax angle and how to file on the ODR portal

Last updated 11 Oct 2026 · India

Last checked: 11 Oct 2026 against Ministry of MSME: ODR scheme guidelines for delayed payments and DC-MSME: FAQs on delayed payments (interest at 3× bank rate).

Short answer. If you are a micro or small enterprise with Udyam registration, a buyer must pay you by the agreed date, which can be at most 45 days from acceptance, or within 15 days if nothing was agreed (MSMED Act 2006, s.15). Late payments carry compound interest at three times the RBI bank rate (s.16). Since 15 Oct 2025, new delayed-payment cases are filed on the MSME ODR portal (odr.msme.gov.in). Medium enterprises and, in practice, many traders are not covered.

Why the rule exists

Small suppliers often wait months while bigger customers use their money as free credit. The MSMED Act sets a hard limit, and since 2024 the income-tax law adds a reason for buyers to care: under s.43B(h) of the 1961 Act (now s.37(2)(g) of the 2025 Act), a buyer that pays a micro or small supplier late can deduct the expense only in the year it actually pays.

The rule in plain words

  1. Who is protected: micro and small enterprises (not medium) whose Udyam registration predates the supply.
  2. When payment is due: the agreed date, capped at 45 days from acceptance; 15 days if no date was agreed.
  3. Interest: compound, with monthly rests, at 3× the bank rate notified by RBI, from the day after the due date. Any figure you work out is an estimate; the MSE Facilitation Council decides.
  4. Where to go: the MSE Facilitation Council, through the ODR portal: online negotiation, then conciliation, then arbitration if needed.

The real problem: keeping the customer

Most owners know exactly who owes them. The hard part is asking without losing the client. A calm, step-by-step sequence works better than a legal threat on day one:

WhenStep
5 days before dueFriendly reminder: invoice number, amount, due date
Day 1–3 overdueAsk for the expected payment date; offer to fix any invoice query
About day 15Firm reminder mentioning your Udyam status, s.15/s.16 and the buyer's tax deduction
Day 30+Final notice: pay by a date 7 days out, or you will file on the ODR portal

Common mistakes

Documents to keep ready

Frequently asked questions

What is the MSME 45-day payment rule?

Under s.15 of the MSMED Act 2006, a buyer must pay a micro or small supplier by the agreed date, which cannot exceed 45 days from acceptance, or within 15 days if no date was agreed.

What interest is payable on late MSME payments?

Compound interest with monthly rests at three times the bank rate notified by the Reserve Bank of India, under s.16 of the MSMED Act.

Where do I file a delayed payment complaint now?

New cases since 15 October 2025 are filed on the MSME ODR portal, odr.msme.gov.in, using your Udyam number and OTP.

Are medium enterprises covered?

No. The delayed-payment provisions protect micro and small enterprises only.

Official sources

Not legal or tax advice. Any interest figure is an estimate; the MSE Facilitation Council decides the actual amount. For a disputed or large claim, speak to a lawyer or CA. Last checked 11 Oct 2026.

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