Payment periods between traders and late payment penalties

Verified 01 January 2024 - Directorate for Legal and Administrative Information (Prime Minister), Ministry of Economy

In principle, the payment period is 30 days from the receipt of the goods or the completion of the service. The length of this period may vary depending on the nature of the goods sold. Professionals may decide to extend this period in their contracts.

The period for payment is the period within which it is possible to pay for the goods or services acquired.

The terms of payment shall be negotiated in contracts between traders. The time limit for payment must appear on the invoice and in the general terms and conditions of sale (GTC).

This period may be up to 60 days after the invoice has been issued, the services have been provided or the goods have been delivered as agreed by the traders.

Where the supplier and the buyer have not jointly agreed on a payment period during their negotiation, the default period shall be 30 days from the receipt of the goods or the performance of the services. However, they may agree on another time limit:

The time limit may be less than 30 days (e.g. cash payment at the time of delivery or performance of the service).
The time limit may be negotiated :
- 45 days end of month from the date the invoice was issued. This must be mentioned in the contract and must not constitute abuse of the supplier.
- In case of recurring invoice, the period agreed between the supplier and the buyer shall not exceed 45 days from the date the invoice was issued.
- 60 days from the date the invoice was issued. This must be indicated in the GCS by way of a clause or agreed between the 2 professionals.
- For sales of goods to be delivered outside of the European Union by a trader in exemption from VAT, the time limit must not exceed 90 days from the date of issue of the invoice. This must be mentioned in the contract and must not constitute abuse of the supplier.

The supplier and the buyer within the same sector may agree that the starting date of the period for payment is the date of receipt of the goods or the date of performance of the provision of services.

FYI

When the payment deadline is not respected by the client professional, late payment penalties and collection fees are applied.

Professionals are free to choose between a 45-day period end of month or 60 days. However, this must be specified in the seller's General Terms and Conditions (GTC) or in a contract between the seller and the buyer.

The starting date of the deadline must also be indicated. When the time limit chosen is 45 days at the end of the month, 2 calculation methods are possible:

End of the month in which the invoice was issued plus 45 days
End of month after adding 45 days to invoice issue date

Example :

An invoice is issued on January 15, 2024. If a payment term of 45 days at the end of the month is chosen, the period will end on a different date depending on the calculation method applied:

1. End of the month in which the invoice was issued plus 45 days :

45 days are added from January 31, 2024, the buyer has until March 16, 2024 to pay the supplier.

2. End of month after adding 45 days to invoice issue date :

It is 45 days from January 15, 2024, to February 29, 2024. The buyer therefore has until February 29, 2024 to pay the supplier.

Buyer and supplier must first agree on the method calculation method used to avoid confusion.

FYI

In case of recurring invoices, the maximum time limit is 45 days from invoice issue date.

In some cases, professionals may decide to establish an acceptance or verification procedure to certify the conformity of the goods or services. The duration of this procedure shall not exceed 30 days from the receipt of the goods or the performance of the services. This period may be extended if this is provided for in the contract and does not constitute abuse for the supplier or purchaser.

This acceptance or verification procedure may not modify either the duration of the payment period or the starting point of the period unless this has been provided for in the contract and does not constitute abuse towards the supplier or the buyer.

Depending on the sector of activity, payment periods may be shorter or longer than the standard payment period.

Food and beverages

The payment period varies according to the type of food or drink sold.

Tableau - Specific payment periods
Type of food	Payment period
Perishable agricultural products Perishable food products Frozen or deep-frozen meat Frozen fish Dishes cooked	30 days from delivery In case of recurring billing: 30 days after the end of the decade For seasonal fruit and vegetables: 30 days from the end of the month of delivery
Live livestock and fresh meat intended for consumption	20 days from delivery date
Alcohols subject to consumption rights (e.g. armagnac, cognac, eaux de vie, gin, rum, vodka)	30 days from the end of the delivery month
Non-perishable agricultural and food products	If the invoice is made by the supplier: 60 days from the date of issue of the invoice If the invoice is made by the buyer: 60 days from the date of drawing up the invoice

Transport

The payment period may not exceed 30 days from invoice issue in the following sectors:

Car rental with or without driver
Road freight transport
Freight Forwarder
Freight Forwarder
Marine Officer
Air cargo
Cargo Broker and Customs Broker

Please note

The types of transport not mentioned above follow the traditional rules of payment periods.

Agroequipment

Sales between agro-equipment manufacturers, manufacturers and importers and specialist and repairing distribution companies are subject to specific payment deadlines:

For green space maintenance equipment: 55 days end of month from invoice issue date
In the case of agricultural equipment (except tractors and transport and rearing equipment): 110 days end of month from the invoice resignation date

Please note