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MSME 45-Day Payment Rule in India (2026): How Freelancers Use It to Get Paid

A plain-English guide to the MSME 15/45-day payment rule, Section 43B(h), and the interest you're owed on late payments — plus how to use it to get clients to pay faster.

Quick start: How to use the MSME 45-day payment rule to get paid

Step 1

Register on Udyam

Get a free Udyam registration so you legally qualify as a micro or small enterprise and can use the rule.

Step 2

Know your deadline

Confirm whether the 15-day (no written agreement) or 45-day (written agreement) limit applies to each invoice.

Step 3

Track the clock per invoice

Record the acceptance date for every invoice so you know the exact day it crosses the legal limit.

Step 4

Reference the rule in your reminder

Once overdue, send a polite reminder that mentions the MSME timeline and the buyer's Section 43B(h) tax exposure.

Legal & Process

If you're a freelancer or small business in India, there's a law that exists specifically to get you paid on time — and most people who could use it have never heard of it.

It's the MSME payment rule under the MSMED Act, 2006. Since FY 2023-24 it has real teeth, because late payments to MSMEs now hit the buyer's tax bill. This guide explains the rule in plain English and, more importantly, shows you how to actually use it to get overdue invoices paid.

This is general information, not legal advice

Rules and rates change, and your exact situation may differ. Verify the current bank rate and your eligibility before relying on this for any formal action.

The rule in one paragraph

If you're registered on Udyam as a micro or small enterprise, a buyer must pay you within 45 days of accepting your work when you have a written agreement — or within 15 days when you don't. Miss that, and the buyer legally owes you compound interest at three times the RBI bank rate, compounded monthly. On top of that, under Section 43B(h) of the Income Tax Act, the buyer can't claim your invoice as a tax deduction until they actually pay you — so paying you late costs them money.

The two deadlines: 15 days vs 45 days

The time limit depends on whether you and the client have a written agreement:

No written agreement → 15 days

If there is no signed contract or written payment term, the buyer must pay within 15 days of accepting your goods or services.

Written agreement → up to 45 days

A written agreement can set a longer term, but it can never legally exceed 45 days from the date of acceptance — even if the contract says 60 or 90 days.

The clock starts from the day of acceptance of the goods or services — not the invoice date and not the day the client "gets around to" reviewing it. In practice, if there's no objection within 15 days of delivery, the work is treated as accepted.

Who qualifies (and who doesn't)

The trader exception

Section 43B(h) — the tax-deduction part — does not cover wholesale or retail traders, even if they're registered on Udyam. It applies only to manufacturers and service providers. The MSMED Act's interest and Samadhaan provisions still apply more broadly, but the powerful tax leverage is specifically for makers and service providers.

Why Section 43B(h) is your real leverage

This is the part that changed everything in FY 2023-24.

Normally, when a business buys something, it deducts that cost from its profit to lower its tax. Section 43B(h) added one condition for purchases from micro and small enterprises: the buyer can only take that deduction in the year they actually pay you, and only if they pay within the 15/45-day window.

If they pay you late, the deduction gets pushed into a later financial year. That means a higher taxable profit — and a bigger tax bill — in the current year. For a client closing their books at year-end, an unpaid MSME invoice is now a tax problem, not just an accounts-payable line item.

Use this near year-end

A polite reminder in February or March that references Section 43B(h) lands very differently than a generic "just following up." Their finance team already knows the rule — you're simply helping them avoid a disallowed deduction.

The interest you're actually owed

Under Section 16 of the MSMED Act, a buyer who pays late owes you interest — and it's not token interest:

This interest is a legal entitlement, not a favour you're asking for. And here's a detail buyers dislike: the interest they pay you on a delayed MSME payment is itself not tax-deductible for them.

How to use the rule to get paid: 5 steps

Register on Udyam (free)

Without Udyam registration, none of this applies to you. It takes minutes, costs nothing, and just needs your Aadhaar and PAN. Do this before your next invoice.

Know which deadline applies

Have a written agreement or a clear payment term in your invoice? You're on the 45-day clock. Nothing in writing? It's 15 days. Either way, the limit is firm.

Track the clock for every invoice

The rule is only useful if you know the exact day each invoice crosses the line. Record the acceptance date for every job so you can act the moment it's overdue — not weeks later.

Reference the rule in your reminders

Once an invoice is overdue, your follow-up can mention the MSME timeline and, near year-end, the Section 43B(h) angle. Keep it factual and polite — see the template below.

Escalate to MSME Samadhaan if needed

If the buyer still won't pay, file a free complaint on the Samadhaan portal. The threat of a formal MSEFC case — plus mandatory interest — moves many stuck invoices on its own.

A reminder template that uses the rule

You don't need to be aggressive. The most effective version simply states the facts the buyer's own finance team already knows.

Subject: Payment due – Invoice #[number] (MSME timeline)

Hi [Name],

Following up on Invoice #[number] for ₹[amount], for work accepted on [date]. As a registered micro/small enterprise (Udyam: [your Udyam number]), payment falls under the MSME 45-day timeline, which means this invoice is now past its due date.

I'd appreciate confirmation of a payment date this week. Settling it within the MSME window also keeps the amount fully deductible for you under Section 43B(h) for this financial year.

Happy to share any details your accounts team needs.

Thanks, [Your Name]

Let the law do the nudging, automatically

You shouldn't have to remember the acceptance date and legal deadline for every client. Foloque tracks each invoice's clock and sends polite, escalating reminders on time — so an overdue MSME invoice never slips past you. Start free, no credit card needed.

Filing on MSME Samadhaan

If reminders don't work, the MSME Samadhaan portal is your formal route:

  1. Go to samadhaan.msme.gov.in and file the complaint online — it's free.
  2. The case is referred to the Micro and Small Enterprise Facilitation Council (MSEFC) of your state.
  3. The MSEFC must dispose of the reference within 90 days.
  4. If the buyer is found liable, they pay your principal plus the compound interest described above.

Most freelancers never have to reach this stage. Just being a registered MSME — and showing the client you know the rule — is usually enough to get an invoice unstuck.

Bottom line

The MSME payment rule flips the usual dynamic. Late payment isn't only your cash-flow problem anymore — it's the buyer's interest liability and tax problem. Register on Udyam, track each invoice's deadline, reference the rule calmly when you follow up, and keep MSME Samadhaan in reserve. Used well, it's the strongest legitimate leverage an Indian freelancer or small business has to get paid on time.

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