Unpaid invoices are a harsh reality for countless self-employed workers (autonomos) in Spain.
But what many don’t realise is that the law allows them to claim an extra €40 per unpaid invoice – on top of the original debt and interest.
However, while the right exists on paper, enforcing it is not always straightforward.
The €40 compensation rule
Under Article 8 of Spain’s Law 3/2004 on late payments in commercial transactions, creditors are entitled to a fixed €40 compensation fee when a debtor falls into arrears.
The law states: ‘When the debtor incurs in delay, the creditor shall have the right to collect a fixed sum of €40, which shall be added in all cases and without the need for express request to the principal debt.’
In simple terms: if your invoice is paid late, you can add €40 automatically.
Even more importantly, Spain’s Supreme Court reaffirmed in ruling 5012/2025 (October 2025) that the €40 applies per invoice, not per claim.
So if five invoices are unpaid, you could potentially claim €200 in compensation.
The court also clarified that it doesn’t matter whether the invoices are grouped together in a single administrative claim – the €40 applies to each one individually.
You can also charge interest
Autonomos can also claim:
- The outstanding principal amount
- Late payment interest (which is significantly higher than standard legal interest)
- Additional debt recovery costs (if properly justified)
Once the invoice due date passes, the right to claim late payment interest begins automatically. If months go by, the accumulated interest can become substantial.
There’s a catch
Legal expert Miquel Morales of Morales & Asociados Abogados, told Diario AyE that recent Supreme Court rulings primarily relate to public contracts – meaning invoices owed by public administrations.
While many professionals attempt to apply the €40-per-invoice rule in disputes between private businesses, court outcomes can vary.
In other words, you can claim it, but you may not always win.
There is also an important limitation that says you cannot demand compensation if the debtor is not responsible for the delay.
The cost of late payments
According to Spain’s SME observatory CEPYME (Q2 2025 data), commercial late payments cost small businesses an average of €5,350 per year in financial strain.
For autonomos dealing with multiple unpaid invoices, the €40-per-invoice compensation can become significant – especially in high-volume cases.
What should you do?
Experts recommend:
- Issuing a formal payment request (for example via burofax).
- Claiming the €40 fee alongside the debt and interest.
- Applying late payment interest, not just standard legal interest.
- Considering legal action if necessary, particularly in cases involving public administrations.
Spanish law gives self-employed workers more power than many realise, but enforcing those rights depends on the specifics of the case.
If you’re owed money, it may be worth calculating exactly what you’re legally entitled to claim before writing it off.
Read more Andalucia news at the Spanish Eye.
