MSME Payment Rule: Everything You Need to Know

Explore all about MSME payment rule in India.
MSME Payment Rule: Everything You Need to Know
2 min
17 February 2025

The MSME Payment Rule, established under the Micro, Small, and Medium Enterprises Development (MSMED) Act, 2006, serves as a regulatory framework to address the persistent issue of delayed payments encountered by Micro, Small, and Medium Enterprises (MSMEs). This rule mandates timely payment to MSMEs by buyers for goods or services rendered, aiming to enhance their financial stability and spur economic growth.

Key features of Budget 2025-26 for MSMEs (February 2025)

The Union Budget for 2025-26 introduces key initiatives to support Micro, Small, and Medium Enterprises (MSMEs) and foster their growth:

Updated investment and turnover limits: The investment and turnover thresholds for MSMEs will be revised, with investment limits increasing by 2.5 times and turnover limits by 2 times.

Updated limits for different enterprise types

Enterprise type

New investment limit

New turnover limit

Micro enterprises

From Rs. 1 crore to Rs. 2.5 crore

From Rs. 5 crore to Rs. 10 crore

Small enterprises

From Rs. 10 crore to Rs. 25 crore

From Rs. 50 crore to Rs. 100 crore

Medium enterprises

From Rs. 50 crore to Rs. 125 crore

From Rs. 250 crore to Rs. 500 crore

  • Credit guarantee for MSMEs: The credit guarantee cover for micro and small enterprises will increase from Rs. 5 crore to Rs. 10 crore, enabling an additional Rs. 1.5 lakh crore in credit over the next 5 years
  • Startups: The credit guarantee cover for startups will rise from Rs. 10 crore to Rs. 20 crore, with a reduced 1% guarantee fee for loans in 27 priority sectors under Atma Nirbhar Bharat
  • Exporter MSMEs: The term loan guarantee cover for established exporters will increase to Rs. 20 crore

 

Additional measures for MSMEs in budget 2025

  • Credit cards for micro enterprises: Tailored credit cards with a limit of Rs. 5 lakh will be issued to micro enterprises registered on the Udyam portal, with a goal of issuing 10 lakh cards in the first year
  • Startup fund of funds: The Alternative Investment Funds (AIFs) for startups, totaling Rs. 91,000 crore, will receive additional support of Rs. 10,000 crore to expand their scope
  • Support for first-time entrepreneurs: A new initiative will offer term loans of up to Rs. 2 crore over the next five years to 5 lakh first-time entrepreneurs, including women, SCs, and STs

What is the scope of the MSME payment rule?

The scope of the MSME Payment Rule encompasses all transactions involving MSMEs, irrespective of whether they are with public or private sector entities. It extends to various business arrangements, including supply contracts, subcontracting agreements, and service provision, ensuring comprehensive coverage across different sectors and industries.

What are the objectives of MSME payment rule?

The primary objectives of the MSME Payment Rule revolve around promoting financial inclusivity, fostering a conducive business environment for MSMEs, and catalysing their growth and development. By ensuring prompt payment to MSMEs, the rule aims to mitigate cash flow challenges, enhance operational efficiency, and encourage greater participation of MSMEs in economic activities.

Key components of the MSME payment rule

The key components of the MSME Payment Rule encompass several critical aspects, including:

  • Definition of MSMEs: Clearly defining the criteria for identifying MSMEs eligible for protection under the rule.
  • Prescribed payment timelines: Specifying the maximum permissible credit period within which buyers must settle dues to MSMEs.
  • Consequences for non-compliance: Outlining penalties, interest charges, or other punitive measures for buyers failing to adhere to payment timelines.
  • Grievance redressal mechanisms: Establishing effective mechanisms for MSMEs to seek recourse in case of payment delays or disputes.
  • Stakeholder awareness programs: Conducting awareness campaigns and training sessions to educate buyers and MSMEs about their rights and obligations under the rule.

Benefits of the MSME payment rule

The MSME Payment Rule offers a myriad of benefits for both MSMEs and the broader economy, including:

  • Timely receipt of payments: Ensures MSMEs receive payments promptly, improving their cash flow and financial stability.
  • Enhanced operational efficiency: Facilitates smoother business operations by reducing uncertainties associated with payment delays.
  • Increased business confidence: Builds trust and confidence among MSMEs, fostering stronger business relationships with buyers.
  • Stimulated economic growth: Promotes MSME growth and expansion, driving job creation, innovation, and overall economic development.

Challenges and concerns of MSME payment rule

Despite its merits, the MSME Payment Rule faces certain challenges and concerns, such as:

  • Lack of awareness: Many MSMEs and buyers may be unaware of their rights and obligations under the rule, leading to non-compliance.
  • Enforcement issues: Inadequate enforcement mechanisms and delays in grievance redressal may undermine the effectiveness of the rule.
  • Dispute resolution complexity: Resolving disputes related to payment delays or discrepancies can be time-consuming and resource-intensive, affecting business operations.
  • Impact on business relationships: Strict enforcement of payment timelines may strain relationships between buyers and MSMEs, affecting future collaboration opportunities.

Steps to ensure compliance with the rule

To ensure compliance with the MSME Payment Rule, stakeholders can take several proactive steps, including:

  • Maintain accurate records: Maintain comprehensive records of transactions with MSMEs, documenting payment terms and timelines.
  • Adhere to prescribed timelines: Honour payment deadlines stipulated under the rule, avoiding unnecessary delays or disputes.
  • Implement robust monitoring systems: Deploy robust systems for monitoring payment status and tracking payment processing to identify and address delays promptly.
  • Promptly address discrepancies: Address any discrepancies or disputes related to payments promptly, engaging in constructive dialogue with MSME partners to resolve issues amicably.
  • Participate in awareness programs: Participate in awareness programs and training sessions organised by relevant authorities to stay informed about compliance requirements and best practices.

What is Section 43B(h)?

Section 43B(h) of the Income Tax Act mandates that companies must make payments to MSME vendors within 45 days to claim deductions. If payments are not made within this timeframe, companies forfeit the right to deduct those expenses from their taxable income. This provision aims to ensure timely payments to MSMEs and encourages compliance with payment deadlines to avoid financial penalties and taxation implications.

Section 43B(h) explained

Section 43B(h) of the Income Tax Act requires companies to settle payments to MSME vendors within 45 days to qualify for deductions. Failure to meet this deadline results in companies losing the ability to deduct those expenses from their taxable income. This provision underscores the importance of timely payments to MSMEs and serves as a mechanism to incentivize adherence to payment timelines. By enforcing prompt payments, the provision aims to support the financial health of MSMEs and promote fair business practices in the corporate sector.

The 45-Day MSME payment rule: Explained

The 45-Day MSME payment rule significantly benefits MSMEs by ensuring they receive timely payments for their goods and services. By mandating buyers to settle dues within 45 days of accepting goods or services, the rule helps MSMEs maintain steady cash flow and financial stability.

Failure to do pay the MSME within 45 days results in companies being unable to claim deductions. Essentially, if payments are not made within the specified timeframe, companies lose the benefit of deducting those expenses from their taxable income. Consequently, the buyer is liable to pay taxes on the overdue amount.

How 45-Day MSME payment rule impacts small businesses

The 45-Day MSME Payment Rule has a profound impact on small businesses, offering several advantages:

  • Improved Cash Flow: Accelerates cash flow for MSMEs, enabling them to meet operational expenses, invest in growth initiatives, and expand their business operations.
  • Reduced Financial Stress: Alleviates financial stress and uncertainty associated with delayed payments, providing MSMEs with greater financial stability and resilience.
  • Enhanced Business Confidence: Instils confidence among MSMEs, fostering

In the context of the MSME Payment Rule, business loans can serve as a valuable financial tool for MSMEs to bridge cash flow gaps resulting from delayed payments. By accessing timely funds through a business loan, MSMEs can ensure continuity of operations, meet operational expenses, and sustain business growth initiatives despite payment delays. Additionally, business loans offer flexibility in terms of repayment schedules and loan amounts, enabling MSMEs to tailor their borrowing according to their specific financial needs and constraints. Whether it's covering immediate expenses, investing in productivity-enhancing technologies, or diversifying revenue streams, business loans provide MSMEs with the necessary financial support to navigate challenges effectively and seize growth opportunities in the dynamic business landscape.

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Frequently asked questions

Should MSME be paid within 45 days?
Yes, MSMEs should be paid within 45 days to ensure their financial stability and operational continuity. Timely payments help MSMEs manage their cash flow efficiently, meet their financial obligations, and invest in growth opportunities. This practice fosters a healthier business ecosystem and supports economic development.
What is the MSME 45 days payment rule?
The MSME 45 days payment rule refers to the requirement for larger companies to make payments to Micro, Small, and Medium Enterprises (MSMEs) within 45 days of receiving goods or services. This rule aims to ensure timely payments and support the financial stability of smaller businesses.
What are the payment terms for MSME 2024?
The payment terms for MSMEs in 2024 typically vary depending on the specific agreement between the MSME and its clients or customers. However, common payment terms may include net 30 days, net 60 days, or even longer durations, based on the mutual understanding between the parties involved.
What happens if MSME delayed payment?
Delayed payments in MSMEs can lead to cash flow disruptions, hampering day-to-day operations and hindering growth opportunities. It can strain relationships with suppliers and creditors, impacting business credibility. Seeking timely resolution through negotiation or legal recourse is crucial to mitigate financial risks and maintain business sustainability.
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