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How to charge late fees on unpaid invoices

Updated · 2 min read

Late payments hurt small businesses more than anyone. Late fees give clients a reason to pay on time, but only if you set them up correctly and use them with judgment.

Step 1: Put it in your terms before you start

A late fee is only fair (and usually only enforceable) if the client agreed to it upfront. Include it in your contract or quote, and print it on every invoice:

Invoices unpaid after the due date will incur interest at 1.5% per month (18% per year) until paid.

Step 2: Choose a type of late fee

Type Example Notes
Interest 1.5% per month on the overdue balance Scales with the amount and how late it is
Flat fee 25 per overdue invoice Simple, but can be too small or too large
Both Flat fee + monthly interest Common in B2B contracts
  • United States: many states cap the interest rate you can charge (usury laws). Check your state’s rules.
  • United Kingdom: for business-to-business debts, the Late Payment of Commercial Debts (Interest) Act lets you claim statutory interest at 8% above the Bank of England base rate, plus fixed compensation of £40, £70 or £100 depending on the size of the debt.
  • European Union: the Late Payment Directive sets statutory interest for B2B transactions at 8 percentage points above the European Central Bank reference rate, plus at least €40 compensation.

Rules differ for consumers, so check before charging late fees to individuals.

Step 4: Calculate the fee

Simple interest is the usual method:

Interest = amount × annual rate × days late ÷ 365

For 2,000 that is 30 days late at 18% a year: 2,000 × 0.18 × 30 ÷ 365 = 29.59. Our late payment interest calculator does this for you.

Step 5: Remind before you charge

Most late invoices are paid after a friendly nudge. A simple sequence:

  1. 3 days before due: a friendly heads-up.
  2. 1 day after due: “Just checking this reached you.”
  3. 7 days after: firmer, mentioning the late fee in your terms.
  4. 14–30 days after: send an updated invoice including the late fee.

Adding the fee to an invoice

Open the overdue invoice from your history, duplicate it, and add a line such as “Late payment interest, 30 days at 18% p.a.”. Or send a separate invoice that references the original number. Either way, keep the original invoice unchanged for your records.

Frequently asked questions

How much can I charge as a late fee?

It depends on your contract and the law where you operate. A monthly interest charge of 1 to 1.5% is common in the US, but many states cap rates. In the UK and EU, statutory interest applies to business-to-business debts.

Can I add a late fee if it wasn’t in my terms?

It is much harder to enforce. Late fees should be agreed in your contract or quote and printed on your invoices before the work is done.

Should I always charge the late fee?

Not necessarily. Many businesses waive it for a first late payment from a good client. Having the right to charge it still encourages on-time payment.