Question 1

How high is default interest in Germany in 2026?

Accepted Answer

Since 1 July 2026 the German base rate has been 1.52%. This gives 6.52% per year where a consumer is involved (base rate + 5 percentage points, § 288(1) BGB) and 10.52% per year for payment claims between businesses (+9 percentage points, § 288(2) BGB). In the first half of 2026 the base rate was 1.27%, so the rates were 6.27% and 10.27%. The next change is due on 1 January 2027.

Question 2

How do I calculate default interest?

Accepted Answer

Default interest = outstanding amount · rate · days in default / (100 · 365). Example: €1,200 is in default from 1 Feb 2026 and a consumer pays on 1 May 2026. That is 89 days at 6.27%: 1,200 · 6.27 · 89 / 36,500 = €18.35. If the default runs past 1 January or 1 July, you calculate each period with its own base rate and add the results. The calculator above does this split automatically.

Question 3

From when does default interest run?

Accepted Answer

From the start of default (§ 286 BGB). That is either when a reminder sent after the due date is received, or the day after a payment deadline fixed by the calendar (e.g. “payable by 31 March”), or at the latest day 31 after the due date and receipt of the invoice. After a reminder, interest is widely calculated from the following day. It runs until the money reaches the creditor.

Question 4

Does the 30-day rule also apply to private customers?

Accepted Answer

Only with a notice. Under § 286(3) BGB a consumer only falls into default through the 30-day rule if the invoice specifically pointed out this consequence, e.g. “You will be in default at the latest 30 days after receipt of this invoice.” Without that notice, private customers usually need a reminder or a payment deadline fixed by the calendar.

Question 5

What is the €40 flat fee?

Accepted Answer

If the debtor is not a consumer, the creditor of a payment claim can additionally demand €40 in case of default (§ 288(5) BGB), including for instalments and part payments. The fee applies per late claim, so three times for three invoices. It is set off against later legal costs such as lawyer fees. It does not exist for obligations that arose before 29 Jul 2014.

Question 6

When does the base rate change?

Accepted Answer

Twice a year, on 1 January and 1 July (§ 247 BGB). It changes by as many percentage points as the rate of the European Central Bank's most recent main refinancing operation has changed since the last adjustment. Deutsche Bundesbank publishes the new value in the Federal Gazette. The full table since 2002 is shown below the calculator.

Question 7

Can I charge interest on default interest?

Accepted Answer

No. Under § 289 BGB no default interest is payable on interest, so there is no compounding. Default interest is always calculated on the outstanding principal only. A provable further loss, such as expensive overdraft interest, can however be claimed as damage caused by the delay.

Question 8

Which rate applies to contracts before 29 Jul 2014?

Accepted Answer

The 9 percentage point surcharge and the €40 flat fee only apply to obligations that arose after 28 July 2014 (Art. 229 § 34 EGBGB). For older transactions between businesses it stays at 8 percentage points above the base rate and without the flat fee. For continuing obligations the new law applies where the consideration is provided after 30 June 2016. You can select the old case with a tick box in the calculator.

Question 9

How many days per year are used?

Accepted Answer

The calculator counts actual calendar days and divides by 365 (act/365). That is the common method for default interest. The law itself does not prescribe a day-count method; it only speaks of the rate “per year”. Some programs divide by 366 in leap years: for €10,000 over the whole of 2024 (consumer) this gives €849.43 instead of €851.76.

Guide: Late Payment Interest Calculator

Calculating Late Payment Interest in Germany 2026: The Complete Guide to § 288 BGB

When Is a Debtor in Default? Reminder, Payment Deadline and the 30-Day Rule

The German Base Rate Since 2002: How It Is Set and What It Means for Default Interest

The €40 Late Payment Flat Fee: When Businesses Can Claim It

Claiming Late Payment Interest: Reminders, Part Payments, Court Dunning and Limitation

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