The Late Payment Invoice is a crucial document in Austrian business operations, issued when a customer has failed to pay an original invoice within the agreed or statutory payment terms. It is designed to comply with Austrian commercial law, particularly the UGB (Unternehmensgesetzbuch) and ABGB (Allgemeines Bürgerliches Gesetzbuch), while incorporating EU Late Payment Directive requirements. This document serves multiple purposes: it formally documents the outstanding debt, calculates statutory interest charges, adds permitted collection costs, and establishes a clear basis for further legal action if necessary. The Late Payment Invoice must include specific elements required under Austrian law, such as the original invoice reference, detailed interest calculations, and clear payment instructions. It represents a critical step in the debt collection process before proceeding to more formal legal measures.
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1. Invoice Header: Company details including name, address, registration number, VAT number, and contact information of both the issuing company and the recipient
2. Invoice Reference: Original invoice number, late payment invoice number, date of issue, and reference to the original invoice
3. Payment Details: Original amount due, payment due date, actual payment date (if partial payment made), and remaining outstanding amount
4. Late Payment Charges: Calculation of late payment interest (based on Austrian statutory rates), collection costs, and other permitted charges under Austrian law
5. Total Amount Due: Clear breakdown of original outstanding amount plus late payment charges and the new total due
6. Payment Instructions: Bank account details, payment reference numbers, and deadline for paying the late payment invoice
7. Legal Basis: Reference to relevant Austrian legislation (UGB, ABGB) and contractual terms justifying the late payment charges
1. Payment History: Include when there have been partial payments or previous late payment notices, showing the history of invoicing and payment attempts
2. Dispute Notice: Include when there have been disputed elements of the original invoice, addressing the status of such disputes
3. Settlement Offer: Optional section offering payment plan options or settlement terms if company policy allows for such arrangements
4. Previous Communications: Reference to previous reminders or communications regarding the late payment, if relevant
5. Consequences of Non-Payment: Include when escalation is imminent, outlining potential legal actions or collection procedures that may follow
1. Original Invoice Copy: Attachment of the original invoice for reference
2. Interest Calculation Schedule: Detailed breakdown of how late payment interest has been calculated, including applicable rates and periods
3. Payment History Statement: If applicable, detailed statement showing all related transactions and attempts at collection
4. Statutory Legal Notice: Required legal notices under Austrian law regarding late payments and collection procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Retail
Wholesale
Professional Services
Construction
Information Technology
Transportation and Logistics
Healthcare
Energy
Telecommunications
Financial Services
Real Estate
Agriculture
Mining and Resources
Media and Entertainment
Relevant Teams
Finance
Accounts Receivable
Legal
Compliance
Credit Control
Treasury
Sales Administration
Business Operations
Customer Service
Risk Management
Relevant Roles
Accounts Receivable Manager
Credit Controller
Financial Controller
Finance Director
Accounts Manager
Credit Collection Specialist
Chief Financial Officer
Billing Coordinator
Treasury Manager
Legal Counsel
Compliance Officer
Business Operations Manager
Company Secretary
Account Executive
Sales Administrator
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