The MSME 45-day payment rule in 2026: interest, the buyer's tax angle and how to file on the ODR portal
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
- Who is protected: micro and small enterprises (not medium) whose Udyam registration predates the supply.
- When payment is due: the agreed date, capped at 45 days from acceptance; 15 days if no date was agreed.
- 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.
- 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:
| When | Step |
|---|---|
| 5 days before due | Friendly reminder: invoice number, amount, due date |
| Day 1–3 overdue | Ask for the expected payment date; offer to fix any invoice query |
| About day 15 | Firm 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
- No written credit period. Put the payment term on every invoice and order.
- Udyam registered after the supply. Register first; protection depends on it.
- Skipping proof of acceptance. Keep signed delivery challans or acceptance emails.
- Filing on MSME Samadhaan. New cases go to odr.msme.gov.in.
Documents to keep ready
- Udyam certificate
- Invoices and purchase/work order
- Proof of delivery or acceptance
- Copies of your reminders and any replies
- A ledger extract for the buyer
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
- Ministry of MSME: scheme guidelines on ODR for delayed payments
- MSME ODR portal
- RBI (current Bank Rate on the home page)
- TaxGuru: ODR portal mandatory for new delayed-payment cases (secondary)
- TaxGuru: Finance Ministry reply on s.43B(h), 21 Jul 2026 (secondary)
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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