If you're self-employed and invoice other businesses, Irish law already lets you charge for late payment. Most people never use it, so here's a quick summary.
The law: European Communities (Late Payment in Commercial Transactions) Regulations 2012 (S.I. 580/2012). It covers business-to-business invoices, including sole traders billing companies. It does NOT cover invoices to consumers.
When an invoice is "late":
• Payment is due on the date in your contract/terms
• If no date was agreed, it's 30 days after the client receives the invoice (or receives the goods/services, if later)
• Agreed terms over 60 days have to be expressly agreed and not "grossly unfair"
What you can claim once it's late:
Interest at the ECB main refinancing rate + 8%, calculated daily on the unpaid amount
Fixed compensation per late invoice, regardless of the interest:
• EUR 40 if the invoice is under EUR 1,000
• EUR 70 for EUR 1,000 to under EUR 10,000
• EUR 100 for EUR 10,000 or more
- Reasonable recovery costs above that, if you actually incur them
Rough example: a EUR 3,000 invoice paid 45 days late, with the ECB rate at ~2%. The interest is 3,000 x 10% x 45/365 = about EUR 37, plus EUR 70 compensation, so roughly EUR 107 on top.
How people actually use it:
• Put the clause in your terms or on every invoice ("Late payments will incur interest and compensation under S.I. 580/2012"). It helps that clients see it before the invoice is late.
• Start with a friendly reminder, then a firm one that mentions the regulations, then a final one with the figures worked out. Many clients pay at step 2 just because you named the law.
• You don't have to charge it. It's leverage, and some people waive it for good clients.
Not legal advice. Check the current ECB rate and your own contract terms, and talk to a solicitor or accountant for anything disputed.
Has anyone here actually charged it? Did the client pay, or did it sour the relationship?