Key data
| Regulation | Resolution of 30 June 2026, from the General Secretariat of the Treasury and International Financing |
|---|---|
| Publication | 1 July 2026 |
| Effective date | 1 July 2026 |
| Affected parties | Businesses, self-employed persons and any party in commercial operations with payment terms |
| Category | Business Regulation |
| Period | Second semester of 2026 (July–December) |
| Late payment interest rate | 10.40% |
| Reference ECB rate | 2.40% (last main refinancing operation of the first semester) |
| Percentage points added | 8 percentage points above the ECB rate |
| Legal basis | Law 3/2004, on combating late payment in commercial operations |
If your business has outstanding invoices to collect or is negotiating contracts with payment terms, the late payment interest rate for the second semester of 2026 is a figure you should have on hand. From 1 July 2026, the rate applicable to commercial operations is 10.40% annually, published by the General Secretariat of the Treasury and International Financing through a resolution of 30 June 2026.
This percentage is not negotiable downward between parties when applied by law: the Law 3/2004 on combating late payment requires it to be published semi-annually and makes it the minimum legal requirement when a debtor exceeds established payment terms.
What does this regulation establish?
Law 3/2004 on combating late payment in commercial operations establishes that the applicable late payment interest rate is calculated by adding 8 percentage points to the interest rate applied by the European Central Bank (ECB) in its last main refinancing operation of the previous semester.
For the second semester of 2026, the reference ECB rate was 2.40%, resulting in a late payment rate of 10.40%. The resolution of 30 June 2026 merely publishes and certifies this figure, which applies automatically from 1 July 2026.
| Component | Value |
|---|---|
| ECB rate (reference 1st semester 2026) | 2.40% |
| Percentage points added (Law 3/2004) | +8.00 pp |
| Resulting late payment interest rate | 10.40% |
A key aspect: the creditor business can claim this interest automatically, without needing to send prior notice to the debtor. It is sufficient that the debtor has exceeded the legal payment term for interest to start accruing.
Compared to the previous semester, the rate remains at similar levels, given the slight decrease in the ECB rate. This confirms a trend of stabilization following the rate hike cycles of previous years.
Economic and operational impact
A rate of 10.40% annually has direct consequences in three business areas:
- Collection management: Creditor businesses have the right to claim this interest from the first day of delay, without prior notice. Ignoring it means leaving money on the table with each unpaid invoice.
- Commercial contracts: If your contracts do not specify a different late payment interest rate (provided it is higher than the legal rate), 10.40% is the one that applies by default. It is advisable to review it.
- Legal claims: In non-payment proceedings, the judge will apply this rate as a reference to calculate accrued interest during the second semester of 2026. Having it documented speeds up the claim.
For debtor businesses, this rate represents a real financial cost if they delay payments: the greater the volume of outstanding debt and the longer the delay, the greater the amount of interest that can be claimed from them.
Who does it affect?
- Businesses that sell on credit to other businesses (B2B) and have outstanding invoices to collect.
- Self-employed persons with clients who exceed agreed or legal payment terms.
- Finance and treasury departments that manage working capital and collection risk.
- CFOs and financial directors who negotiate payment terms in commercial contracts.
- Legal advisors and managers who prepare non-payment claims or draft contracts.
- Debtor businesses that must anticipate the financial cost of their payment delays to suppliers.
Practical example
Suppose your business has an outstanding invoice of €50,000 from 1 July 2026 and the customer does not pay within the legal term. Applying the late payment rate of 10.40% annually:
- Daily interest: €50,000 × 10.40% ÷ 365 = €14.25 per day
- Accumulated interest in 30 days of delay: €427.40
- Accumulated interest in 90 days of delay: €1,282.19
- Accumulated interest in 180 days (entire semester): €2,564.38
These amounts are automatically claimable, without prior notice to the debtor, and can be included in any extrajudicial or legal claim for non-payment. In a collection portfolio with several delinquent customers, the cumulative impact can be very significant.
What should businesses do now?
- Update your non-payment claim templates: Incorporate the 10.40% rate in letters and emails claiming from delinquent customers from 1 July 2026 onwards.
- Review your current commercial contracts: Check if they include an agreed late payment interest rate. If they do not, 10.40% applies automatically. If they do and it is lower, it may be void as abusive under Law 3/2004.
- Calculate accrued interest in your delinquent portfolio: Identify invoices due from 1 July 2026 and quantify accumulated interest to include in claims.
- Inform your legal department or advisor: In case of legal action, the 10.40% rate must be documented as a reference for the claimed period.
- If you are a debtor business, prioritize outstanding payments: The financial cost of delays is calculated at this rate, which can significantly increase debts to suppliers if prolonged.
Frequently asked questions
What is the late payment interest rate in commercial operations for the second semester of 2026?
The legal late payment interest rate applicable to commercial operations during the second semester of 2026 (July to December) is 10.40% annually. This rate results from adding 8 percentage points to the ECB rate of 2.40%, in accordance with Law 3/2004 on combating late payment.
Do I need to notify the debtor before claiming late payment interest?
No. Law 3/2004 establishes that late payment interest accrues automatically when the debtor exceeds the legal payment term, without prior notice or formal demand. The creditor business can claim it directly from the first day of delay.
How is the 10.40% late payment interest calculated on an unpaid invoice?
The annual rate of 10.40% is applied to the invoice amount, prorated by days of delay. Formula: amount × 10.40% ÷ 365 × days of delay. For example, on a €50,000 invoice with 90 days of delay, the interest would be approximately €1,282.
Can this 10.40% rate be negotiated downward in a contract?
No. The 10.40% rate is the minimum legal requirement. Contract clauses establishing a lower rate may be declared void as abusive under Law 3/2004. It is possible to agree on a rate higher than the legal rate.
When will this late payment interest rate change?
The rate is reviewed semi-annually. The General Secretariat of the Treasury will publish the new rate for the first semester of 2027 around 1 January 2027, depending on the ECB rate in effect at that time.
Official source
View complete regulation at official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-14327