In Canada, you can typically charge interest on overdue invoices, with rates commonly ranging from 1.5% to 4% per month (18%–48% annually), as long as the rate is clearly stated in a written contract or agreed-upon terms. However, interest must not exceed 60% per annum, as anything higher is a criminal offence.
Adding Late Payment Interest
You can add 8% interest above the bank base rate to an overdue invoice from the day after the invoice became overdue.
The Criminal Code makes it an offence to: (1) enter into an agreement or arrangement to receive interest at a rate exceeding 60 per cent; and, (2) actually receive interest at a rate exceeding 60 per cent.
Generally speaking, late fees on invoices should be capped at around 10% annually, with the interest broken down into a monthly charge. For example, if you're charging 10% interest on a $5,000 invoice, the annual interest rate would be $500, which means that the monthly interest would be $41.67.
The criminal rate of interest makes it illegal for lenders to charge an interest rate of more than 60%. This rule applies to most lending products in Canada, including: Installment loans. Lines of credit.
How Much Should You Charge as Late Payment Interest? The standard amount for late payment interest on invoices is between 1% and 2%, but you can charge more or less at your discretion.
But yeah, so big picture California says 10%, that's what you can charge on a loan and if you exceed 10%, you have a usury problem.
Can you legally charge interest on overdue invoices? Yes! However, our investigation demonstrated that customers are not obligated to settle a late payment fee if it isn't indicated in the contract terms.
Bear in mind that under section 347 of the Criminal Code , charging interest at an effective annual rate of more than 60% is a criminal offence. The effective rate is calculated by considering not only the interest rate, but also any fees, fines, penalties or other charges claimed from the debtor.
Can I charge interest on a late payment? Yes. The amount you can charge is called 'statutory interest' and is calculated as 8% plus the Bank of England base rate.
As of January 1, 2025, the criminal interest rate was reduced to a cap of 35% annual percentage rate (APR). Prior to these amendments, the criminal rate of interest was capped at 60% effective annual rate (EAR), which is approximately 48% APR.
On December 15, 2025, the Government of Canada passed Bill C-3, An Act to amend the Citizenship Act. This legislation changes the first-generation limit to citizenship by descent. On this page, we explain what this change means, how to check if you're affected, and what you need to do before travelling to Canada.
Effective as of January 1, 2025, the criminal rate of interest specified in section 347 of the Criminal Code (Canada) (the Criminal Code) was reduced to an annual percentage rate (APR) that exceeds 35%. Prior to the amendments, the criminal rate of interest was an effective annual rate (EAR) that exceeded 60%.
30+ days late
If your client hasn't made payment (or meaningful contact) within 30 days of the invoice becoming due, it may be time to issue a letter before action (LBA), or to pass over the matter to a debt collection agency. An LBA gives your client formal notice that legal action is imminent.
A late payment fee is an extra charge a customer needs to pay when they don't pay a bill by the due date. It's typically 1% to 2% of the past-due invoice amount. If you offer customer financing, you've likely found yourself in a situation that no business owner wants to deal with—a past-due invoice.
You can charge interest and compensation on any invoices which have been paid late or have not been paid within your agreed payment terms.
Is it legal to charge late fees in Canada? Yes, businesses in Canada can charge late fees on overdue invoices either as a fixed penalty fee or by adding interest at a reasonable level. As the business charging a late fee, the onus is on you to ensure that the amount is “reasonable”.
Charge 1% to 3% per month, or a 1% to 2% percentage of the invoice, for late payments, but always check local laws and specify it in your contract for clarity; some states have limits (like Wisconsin's 1% monthly) while others have none (like Massachusetts). Typical rates are 1-2% monthly or a percentage of the balance, but you can use annual rates like 10% for smaller businesses or higher for larger ones, ensuring transparency.
In general, clients cannot refuse to pay late invoices if they have received goods or services as agreed upon in the contract or agreement. Late invoicing doesn't absolve them of their payment obligation.
The rule had reduced the safe harbor limits on late fees that could be charged by large credit card issuers (those with over one million open accounts) from over $30 down to $8. The rule also forbade fee increases for repeat violations and removed the annual inflation indexing.
A grace period for a car loan is usually 10 days past the payment due date. During this time, the car payment typically will be accepted without penalties or other consequences. Keep reading to learn how car payment grace periods work, if there is a late car payment fee, if you can make a partial car payment, and more.
Yes, charging a 3% credit card fee (surcharge) is generally legal in most U.S. states and follows card network rules (like Visa's 3% cap), but it depends heavily on your location and requires strict adherence to rules, such as not surcharging debit cards, capping it at your actual processing cost (not to exceed 3% for Visa/4% for Mastercard), and providing clear customer notification. Some states (like Connecticut, Massachusetts, Texas) may have their own bans or restrictions, so it's crucial to check your specific state laws.
There's no federal regulation on the maximum interest rate your issuer can charge you, though each state has its own approach to limiting interest rates. State usury laws often dictate the highest interest rate that can be charged on loans, but these often don't apply to credit cards.