Statutory interest for delay in commercial transactions – who does it apply to?
Not every transaction bears the hallmarks of a commercial transaction under the law. Interest for delay in commercial transactions may be charged only if all of the following conditions are met:
- The subject of the transaction is one of the following:
- delivery of goods (sales);
- service delivery;
- Giving things for temporary use (renting, leasing, etc.);
- Each party to the transaction belongs to one of the collections:
- entrepreneurs;
- freelancers;
- public entities;
- the transaction is for a fee;
- The transaction was entered into in the course of the parties’ business activities.
Important!
From the above criteria, it is clear that a transaction to which a consumer is a party does not qualify for late interest in commercial transactions. This does not mean, however, that a vendor trading with an individual is left alone when delays occur. The rights and options regarding the recovery of a debt plus any interest are defined by another piece of legislation, specifically the Civil Code. Detailed records of the situation described can be found in Art. 481 KC.
It is also worth remembering that the same customer can enter into transactions as a consumer or as a sole proprietor. This decision is crucial in the context of determining the legal basis from which we can claim interest for delay.
After what period of time can interest be claimed for delay in commercial transactions?
If the seller has fulfilled his part of the contract (provided the leased premises, delivered the goods or rendered a service) and the buyer has not paid on time, the creditor can claim interest, but not always immediately.
- If the parties have agreed on a payment deadline (e.g., in a purchase and sale agreement), interest is already charged from the day after the due date. However, if the deadline for payment is set at more than 30 days, the entrepreneur can begin to charge interest only after 30 days have passed from the time of performance.
- If the parties agreed on a payment term longer than 60 days, interest accrues after 60 days from the moment the seller delivers the invoice to the buyer. In such a case, it is still checked whether the payment term was grossly unfair to the seller. It is also important to note that if a public entity is a party to the contract, the maximum payment term set by the law is 30 days.
- It happens that at the time of the agreement, those involved in the transaction do not set a deadline for repayment. In such a case, the creditor may request payment plus statutory interest starting from the day after 30 days from the date of delivery of goods, provision of services, etc.
How to calculate the amount of interest due?
To correctly calculate the amount of interest that is due to the creditor due to delay, use the following formula:
Let’s calculate it using an example.
EXAMPLE
Mr. Krystian’s company sold seven photocopiers to another company for a total gross amount of PLN 32,000. The due date was September 15. So if Mr. Krystian’s contractor decides to pay on October 20, the delay will be 35 days. At the prevailing statutory interest rate of 10.1% per annum, the calculation would be as follows: 32,000 x 0.101 x 35365 = PLN 309.92. The amount of interest due in this case will be PLN 309.92.
If you want to verify the validity of your calculations, a late interest calculator available on the Internet, such as this link, can help. However, before you enter your claim details, note that you can choose from several calculators tailored to what type of entity the debtor is.
EXAMPLE
If Mr. Krystian’s debtor had been a public entity that was a health care provider, a different interest rate – 8.1% – would have applied in the situation stated above. For the gross amount of PLN 32,000 and with a 35-day delay, the amount of interest will therefore be PLN 248.55.
Different types of late interest
To avoid confusion and to be sure that we have calculated the interest rate correctly, remember that there is a distinction between the following terms:
- Statutory interest for delay – their amount is regulated by Art. 481 of the Civil Code. Add 5.5 points to the NBP reference rate. percentage;
- Maximum interest for delay – is twice the statutory interest for delay;
- Contractual interest for delay – may not exceed the rate of maximum interest for delay;
- Statutory interest for delay in commercial transactions, if the debtor is a public entity that is a health care provider – their amount is regulated by the Law on Prevention of Excessive Delay in Commercial Transactions (Article 4, paragraph 3). Add 8 points to the NBP reference rate. percentages;
- statutory interest for delay in commercial transactions, if the debtor is a public entity that is not a health care provider. Add 10 points to the NBP reference rate. percentages.
