MSME · Provision

Section 16 of the MSMED Act, 2006 — Interest on Late Payment to an MSME

Compound interest with monthly rests at 3× the RBI bank rate on any payment late to a registered micro or small enterprise. No contract can waive it. (Section 16, Micro, Small and Medium Enterprises Development Act, 2006.) In force since 2 October 2006 · Text checked against India Code on 8 October 2026.

Quick Statutory Answer

Under Section 16 of the MSMED Act 2006, delayed payment to a registered micro or small enterprise attracts mandatory compound interest with monthly rests at 3× the RBI bank rate from the appointed day. At the current RBI bank rate of 5.50% (as of 2026), the penalty interest rate is 16.50% per annum compounded monthly. No contract clause can waive or reduce this statutory liability.

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Work out the section 16 interest on your invoice

Enter your own figures in the calculator on this page: MSME interest calculator, under Micro, Small and Medium Enterprises Development Act, 2006, s.16.

  • MSME interest calculator, with the method and worked examples

The text of Section 16

16. Date from which and rate at which interest is payable.— Where any buyer fails to make payment of the amount to the supplier, as required under section 15, the buyer shall, notwithstanding anything contained in any agreement between the buyer and the supplier or in any law for the time being in force, be liable to pay compound interest with monthly rests to the supplier on that amount from the appointed day or, as the case may be, from the date immediately following the date agreed upon, at three times of the bank rate notified by the Reserve Bank.

What the section does

  • Section 16 of the Micro, Small and Medium Enterprises Development Act 2006 (MSME Act / MSMED Act) applies whenever a buyer fails to pay a registered micro or small enterprise by the appointed day set by section 15.
  • The buyer is liable to pay compound interest with monthly rests at three times the bank rate notified by the Reserve Bank of India. That is the bank rate specifically — not the repo rate, and not any rate agreed in the contract.
  • Interest runs from the appointed day, which section 15 fixes as the agreed date or, failing agreement, fifteen days from acceptance — and in no case later than forty-five days from acceptance.
  • The section applies notwithstanding anything contained in any agreement between the parties, so a clause reducing or waiving the interest simply does not operate against it.

MSME Section 16 Statutory Interest vs Simple Interest (On ₹1,00,000 Invoice at 16.50% p.a.)

MSME Section 16 Statutory Interest vs Simple Interest (On ₹1,00,000 Invoice at 16.50% p.a.)
Delay Period RBI Bank Rate Statutory Multiplier Effective Compound Interest Simple Interest Comparison Section 43B(h) Tax Impact
30 Days (1 Month) 5.50% 3× (16.50%) ₹1,375 ₹1,356 Tax deductible if paid within FY
60 Days (2 Months) 5.50% 3× (16.50%) ₹2,769 ₹2,712 Tax deductible if paid within FY
90 Days (3 Months) 5.50% 3× (16.50%) ₹4,182 ₹4,068 Tax deductible if paid within FY
180 Days (6 Months) 5.50% 3× (16.50%) ₹8,534 ₹8,137 Disallowed if unpaid on 31 March
365 Days (1 Year) 5.50% 3× (16.50%) ₹17,807 ₹16,500 100% Disallowed + added back to taxable income

Statutory interest rate

3× the RBI bank rate, compounded monthly. At a bank rate of 5.5%, the section 16 rate is 16.5% p.a. compounded monthly, from the appointed day, and not capable of being contracted out of.

Where people go wrong

  • Computing simple interest. The section says compound with monthly rests, and simple interest materially understates a long-overdue amount.
  • Using the repo rate. The section refers to the bank rate notified by the RBI, which is a different published figure.
  • Assuming a 90-day payment clause is effective. Section 15 caps the agreed period at forty-five days regardless of what was signed.
  • Assuming the supplier has to claim it. The liability arises from the statute, and the related disallowance for the buyer under the income-tax law follows from non-payment rather than from any demand.

Common questions

What is section 16 of the MSMED Act 2006?

Section 16 of the Micro, Small and Medium Enterprises Development Act 2006 (MSME Act / MSMED Act 2006) requires a buyer who fails to pay a registered micro or small enterprise by the appointed day to pay compound interest with monthly rests at three times the bank rate notified by the Reserve Bank of India. This liability arises automatically from the statute and cannot be waived or reduced by any agreement between the parties.

What is section 15 and 16 of the MSME Act?

Section 15 and section 16 of the MSME Act 2006 (MSMED Act) work together: section 15 fixes the maximum credit period at forty-five days from acceptance and defines the appointed day, while section 16 imposes compound interest at three times the RBI bank rate from that appointed day if the buyer is late. Together they set both when payment is due and what being late costs.

What is the interest rate under section 16 of the MSME Act?

Three times the bank rate notified by the Reserve Bank of India, compounded with monthly rests. At the current bank rate of 5.5%, the section 16 MSME interest rate is 16.5% per annum compounded monthly, running from the appointed day fixed by section 15. Because the bank rate moves, always verify it against the RBI's current rates page before computing.

What is sec 16 of MSME Act — does it apply to my invoice?

Section 16 of the MSME Act (MSMED Act) applies if: (1) you are a registered micro or small enterprise (Udyam certificate), and (2) the buyer has not paid by the appointed day — either the agreed date or forty-five days from acceptance, whichever is earlier. If both conditions are met, compound interest at 3× the RBI bank rate accrues from the day after the appointed day.

What is the difference between section 15 and section 16 of the MSME Act?

Section 15 sets the payment period — the agreed date or fifteen days from acceptance, capped at forty-five days. Section 16 imposes compound interest at three times the RBI bank rate when that period is missed. Section 15 defines when payment is due; section 16 prices what being late costs.

Can a contract between buyer and supplier waive section 16 MSME interest?

No. Section 16 operates notwithstanding anything contained in any agreement between the buyer and the supplier. A clause in the purchase order or vendor agreement that reduces the rate or waives interest altogether has no legal effect against the statutory liability.

Does section 16 of the MSMED Act apply to medium enterprises?

No. Sections 15 and 16 of the MSMED Act 2006 protect micro and small enterprises as suppliers. A medium enterprise cannot claim delayed-payment interest under section 16, even if registered under the Act.

How is MSME section 16 interest calculated?

Compound interest with monthly rests at three times the RBI bank rate. Formula: principal × (1 + monthly rate)^completed months × (1 + monthly rate × odd days/30), where monthly rate = (3 × bank rate%) / 1200. Simple interest understates the figure for any overdue amount beyond a few months.

Act on this

  • Section 15 — the 45-day payment rule
  • Section 43B(h) — 45-day tax disallowance
  • MSME interest calculator
  • What late payment to an MSME actually costs
  • MSME statutory notice template
  • Notice from the MSME Council? Reply format
  • Section 18 — the reference to the MSME Council

Other provisions

  • Section 18, Micro, Small and Medium Enterprises Development Act
  • Section 15, Micro, Small and Medium Enterprises Development Act
  • Section 35, Indian Stamp Act
  • Section 50, Central Goods and Services Tax Act
  • Section 16, Central Goods and Services Tax Act
  • Section 44, Central Goods and Services Tax Act

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About this summary

The section in its own words, with a plain-English explanation of what it requires. Not legal advice: take advice on anything turning on your own facts.