Interest rate for late payment in commercial transactions
Interest rate for late payment in commercial transactions
October 2021 – The interest rate for late payment in commercial transactions is adjusted every six months. For the past four years, this rate has been 8%. In the second half of 2019 it was increased to 8,5%, but was reduced to 8% in the first half of 2020 and remains at 8% in the second half of 2021.
Commercial transactions
This interest rate is only applied to commercial transactions. Depending on the applicable law, these are transactions between undertakings or between undertakings and contracting authorities/entities which lead to the supply of goods or the provision of services against remuneration (these are smaller public contracts where the public authority is the service recipient).
This interest rate is also applicable to transactions between liberal professions, between self-employed persons and between non-market enterprises.
On the other hand, it is not applicable:
in civil matters ;
in commercial matters (transactions between a trader and a private individual)
in tax matters;
in social matters.
Interest is due by operation of law and without notice of default if the debtor fails to pay the amount due within the contractual or legal payment period.
Attention: the parties may agree on other terms concerning compensation for late payment.
Other interest rates
The interest rate for late payment in commercial transactions should not be confused with the statutory interest rate. The latter is set only once a year. The legal interest rate is currently 1,75%.
The legal interest rate is applicable in civil matters (e.g. private matters between natural persons) and in commercial matters (transactions between traders and private persons).
Here, too, the parties can set other terms (and, in particular, a different rate).
In tax matters, a distinction is made between interest on arrears (payable by the taxpayer in case of late payment) and interest on arrears (paid by the Treasury in case of late repayment of taxes).
The rate of interest on arrears depends on the ten-year linear bond rate. The rate of interest on arrears has been set at 4% for 2021.
The rate of interest on arrears is half the rate set for interest on arrears (i.e. 2%).
Finally, the interest rate applied in social matters is a fixed rate of 7%.