Late-payment interest in commercial transactions 2026: 10.40% rate, calculation and €40

In brief: in commercial transactions between businesses and with public administrations, if an invoice is not paid by the due date, late-payment interest runs automatically from the following day, without the need for a formal notice (Legislative Decree 231/2002, art. 4). From 1 July to 31 December 2026 the statutory late-payment rate is 10.40% per year: the ECB reference rate, 2.40%, plus 8 points, as per the Ministry of Economy and Finance notice in the Official Gazette no. 163 of 16 July 2026. In addition, a flat €40 is due for recovery costs (art. 6). It is calculated as simple interest, day by day.

What is the late-payment rate in 2026?

The statutory late-payment rate is the reference rate of the European Central Bank, that is the rate of the most recent main refinancing operations, increased by eight percentage points (art. 2, letters e) and f), of Legislative Decree 231/2002). For the first half-year the ECB rate in force on 1 January applies, for the second the rate in force on 1 July. The Ministry of Economy and Finance publishes it in the Official Gazette on the fifth working day of each half-year (art. 5).

The rate for the first half of 2027 will be the ECB rate in force on 1 January 2027, published by the MEF in the first working days of January. The 8-point increase applies to contracts concluded from 1 January 2013, the date from which the changes made by Legislative Decree 192/2012 apply.

When do they apply?

To every commercial transaction, that is to every contract between businesses, or between businesses and public administrations, that involves the delivery of goods or the provision of services against a price. They do not apply to contracts with consumers, for which the interest rules of the Civil Code apply.

They run from the day after the payment due date. If the contract does not set a term, the statutory term is 30 days from receipt of the invoice or, if the date is uncertain, from receipt of the goods or the service (art. 4, para. 2).

How are they calculated?

It is simple interest on a daily basis. The formula is:

Interest = amount due × annual rate × days of delay ÷ 365

The amount due includes the taxes shown on the invoice, therefore VAT (art. 2, letter g).

Hypothetical example: an invoice of €10,000 VAT included, due on 30 September 2026, paid on 14 November 2026, that is 45 days late.

If the delay spans two half-years, split the period: the days up to 30 June at the rate for the first half, those from 1 July at the rate for the second.

The €40: when is it due?

Article 6 grants the creditor, without the need for a formal notice of default, a flat amount of €40 as compensation for recovery costs. It remains possible to prove a greater loss, which may include the costs of assistance for debt recovery, such as legal fees. The amount is added to the interest.

Can they be excluded by agreement?

Between businesses the parties may agree a different rate, within the limits of article 7. But some clauses do not hold:

• a clause that excludes late-payment interest is considered grossly unfair, with no possibility of proof to the contrary (art. 7, para. 3);
• a clause that excludes the €40 recovery costs is presumed grossly unfair (para. 4);
• if the creditor is an SME and the debtor is not, a clause with payment terms beyond 60 days is presumed grossly unfair (para. 4-bis);
• the court may declare the clause void even of its own motion, looking at the deviation from commercial practice and the nature of the goods or service (para. 2).

For long payment terms there is a dedicated guide: customer asking for 90 days.

Should you really claim them?

It depends on the customer, but it is always advisable to put them in writing. State in the general terms and on the invoice that, in case of delay, the interest under Legislative Decree 231/2002 and the €40 flat fee apply. With a regular customer you may decide not to claim them for a first short delay; with a customer who is systematically late, claiming them by certified email (PEC) is also a way to document the delay, useful if you have to suspend supplies or take recovery action. How to handle those who always pay late: is it worth continuing to supply?

And the European 30-day reform?

In September 2023 the European Commission proposed a regulation against late payments (procedure 2023/0323(COD)) with a maximum term of 30 days for all commercial transactions. The European Parliament approved its position at first reading on 23 April 2024, allowing up to 60 days between businesses if expressly agreed and up to 120 days for slow-moving or seasonal goods. The Council has not adopted a position: as of November 2026 the procedure is still awaiting the Council's first reading. In Italy, therefore, the rules of Legislative Decree 231/2002 described above apply.

Sources

• Legislative Decree (D.Lgs.) 231/2002, arts. 2, 4, 5, 6 and 7 (Normattiva, accessed 11/11/2026)
• ANIE, Late payments: rates 1 July - 31 December 2026 (Official Gazette no. 163 of 16/07/2026) (accessed 11/11/2026)
• Legge in chiaro, table of late-payment rates 2013-2026 (accessed 11/11/2026)
• Procedure 2023/0323(COD), Regulation on combating late payment (accessed 11/11/2026)
• Trans.info, 24/09/2026, on the reform stalling in the Council (accessed 11/11/2026)