Understanding MSME Delayed Payment Rules (Section 16, MSMED Act)
The Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 contains stringent provisions to protect micro and small suppliers from delayed payments by large buyers. These rules ensure that MSMEs maintain healthy working capital cycles.
⏱️The 45-Day Rule
Under Section 15 of the MSMED Act, buyers must make payments on or before the date agreed upon in writing. However, this agreed-upon period cannot exceed 45 days from the day of acceptance.
📈3x Repo Rate Penalty
If payment is delayed beyond 45 days, the buyer is legally obligated under Section 16 to pay compound interest with monthly rests at three times (3x) the bank rate notified by the RBI.
Additional Repercussions for Defaults
- No Income Tax Deduction: Any interest paid or payable to MSMEs under these rules is expressly disallowed as a deduction when calculating the buyer's taxable income (Section 23).
- Statutory Reporting: Companies must disclose the exact principal amount and interest owed to MSMEs in their annual financial statements and half-yearly via the MSME-1 form.
- Samadhaan Portal: MSMEs can file cases directly on the MSME Samadhaan portal. The Facilitation Council can order the buyer to pay the principal along with the penal interest calculated above.