Late fees and Prompt Payment Act interest
Getting paid what you are owed, sooner: interest that federal agencies must add when they pay you late, and late fees you write into your contracts with private customers. It costs nothing to claim, but it only works if your paperwork and terms are in order.
- No security
How it works
Federal customers: the Prompt Payment Act. When a federal agency pays a proper invoice late, it must add interest automatically, without you asking.
- When payment is due: generally the later of 30 days after the agency receives a proper invoice and 30 days after it accepts the goods or services. For working out interest, acceptance is treated as happening 7 days after delivery unless there is a dispute.
- The rate: set by the Treasury every six months. For July 1 to December 31, 2026, it is 4 3/4% a year. Interest is worked out on a 360-day year, is added to the debt every 30 days for up to a year, and stops after a year or once a Contract Disputes Act claim is filed. Amounts under $1 are not paid.
- If the interest is not paid: you can demand an extra penalty in writing within 40 days after the invoice is paid, if the interest due was $1 or more and was not paid within 10 days.
- Financing payments, such as progress payments, are not covered.
Private customers. The Prompt Payment Act covers federal agencies only. With other customers, what you can charge comes from your contract: put the payment terms, any late fee or interest, and the cost of collection in your terms of sale before the work starts, and check what your state's law allows. Federal debt collection rules (the Fair Debt Collection Practices Act and Regulation F) protect consumers, not businesses, so they do not cover a collector chasing a business customer for you.
Early-payment discounts (such as 2% off for paying in 10 days) work the other way: they cost you margin but bring cash in sooner. See supplier trade credit for how they look from the buyer's side.
Upsides and downsides
Upsides
- Costs nothing, and federal interest is paid without being asked for
- Clear terms and late fees encourage customers to pay on time
- Keeps you from borrowing to cover money you are already owed
Downsides
- Brings in only what you are owed, not new money
- Federal interest runs only from the due date on a proper invoice
- With private customers, you can charge only what your contract allows
Risks
- Pressing customers for late fees can cost you their business
- Disputes over quality or quantity stop federal interest from running
What it costs
- How it is priced
- No cost to you; federal interest is added automatically, and private late fees are whatever your contract says
- Costs that are easy to miss
- Time spent getting invoices right, since federal interest runs only on a proper invoice
- Strain on customer relationships when you charge late fees
- Fees for a collection agency or lawyer, if you go that far
The interest or fees on what you are owed; it brings in money you are already due, sooner or with interest, not new money.
Paid late by a federal agency? Prompt Payment Act interest: work out the interest it owes
Does it fit?
Could fit when
- You have a contract with a federal agency
- Business customers often pay you late
Unlikely to fit when
- Your customers pay upfront or by card rather than on invoice
- Your customers pay on time, so there is little to claim
Who can use it
- Business types: Sole proprietorship, Partnership, LLC, S corporation, C corporation, Benefit corporation, Cooperative, Nonprofit
- Needs sales (revenue)
- Only for businesses that sell to other businesses
- Federal interest: a proper invoice to a federal agency, and goods or services it has accepted
- Private customers: late fees or interest written into your contract or terms of sale
Am I ready?
What a provider is likely to ask for. Tick what you have. Your ticks stay in this browser and nothing is stored. Checklist for all own cash and no-cost
0%
0 of 3 ticked
- Invoices that meet the contract's terms
- Payment terms in your contracts
- Accounts receivable aging report
Regulation and protections
Regulators: U.S. Department of the Treasury; Federal Acquisition Regulatory Council (FAR Council).
Who runs it: Federal program.
The Prompt Payment Act and Treasury's rules (5 CFR part 1315) set due dates and interest for federal agencies; the Federal Acquisition Regulation puts them in contract clauses. Late fees with private customers come from your contract and state law.
Types of provider: Federal agencies' payment offices, for Prompt Payment interest; Collection agencies and lawyers, for private customers.
Also consider
What has changed
No changes since this page was published. It was last checked against its sources on October 20, 2026.
Sources
- Federal Register 2026-13903: Prompt Payment Interest Rate; Contract Disputes Act (4 3/4% for July 1 to December 31, 2026) · checked October 20, 2026
- 5 CFR 1315.10: late payment interest penalties · checked October 20, 2026
- 48 CFR 32.904 (FAR): determining payment due dates · checked October 20, 2026
- 48 CFR 32.907 (FAR): interest penalties · checked October 20, 2026
- 12 CFR 1006.2 (Regulation F): definitions, including debt as a consumer obligation · checked October 20, 2026
Something wrong or out of date?
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