The MSME 45-Day Payment Rule, Explained
If the vendor or freelancer you're paying is registered as a Micro or Small Enterprise, Indian law caps how long you can take to pay them — and it overrides your own contract terms automatically, whether you knew about it or not.
The actual rule
Section 15 of the MSMED Act, 2006 sets a payment deadline for buyers dealing with Udyam-registered Micro or Small Enterprises: payment must be made within the period agreed in writing, which cannot exceed 45 days from the date of acceptance of goods or services.
The part most businesses miss
This isn't just a civil obligation between two businesses anymore. Under Section 43B(h) of the Income Tax Act (effective from 1 April 2024), if you don't pay a Udyam-registered Micro or Small Enterprise within the statutory timeline, you lose the tax deduction for that expense entirely — a real, direct cost that shows up on your own tax return, not just a vendor relationship problem.
What this means practically
Before finalising payment terms with any vendor or freelancer, ask directly: are they Udyam-registered, and if so, as a Micro, Small, or Medium enterprise? If Micro or Small, build your payment terms around the 45-day ceiling from the start, rather than discovering the mismatch later when interest has already started accruing.
Working with vendors or freelancers?
Our Vendor Service Agreement and Freelance Service Agreement both build this rule in directly.
View Vendor Service Agreement →Sources: MSMED Act, 2006, Sec 15-16; Income Tax Act, 1961, Sec 43B(h) (effective 1 April 2024). This is general legal information, not legal advice — consult an enrolled advocate or chartered accountant for your specific situation.