Both administration and private companies improved in their payment terms throughout 2021, although, in general, both are still far from complying with the deadlines established by Law 15/2010, according to the last report on delinquency published by the platform
Multisectoral against delinquency (PMCM).
The organization insists on the need to establish a sanctioning regime and warns that, if not, could the chain of payments be broken.

The report collects that between 2020 and 2021 the average period of paid was reduced by 16 days in the public sector (from 77 to 61) and within five days in the private sector (from 77 to 72).
The trend, therefore, is positive, but still places the average of payments outside legal deadlines, which are 30 days for public administrations and 60 for companies.
That is, the first ones would pay with one month of delay and the seconds, almost two weeks later than the established.

Antoni Cañete, president of the PMCM, explained that this improvement has a lot to do with the measures that were taken last year, such as the ICO credits or liquidity funds for autonomous communities.
During the presentation of the report he celebrated the data and measures that, although they were punctual, helped.
He also recalled the need for administrations to give an example in this regard.

By contra, Cañete also warned that SMEs have a limited capacity to obtain external funding, in part by the debts acquired with the ICO.
This could lead to the rupture of payment chains and, in that case, “the disaster we can have is important”.
In this sense, he recalled that there are about half a million companies at risk of bankruptcy precisely because of the delay in payments.

In addition, 27% of respondents believe that the current collection-term situation can compromise the viability of their business.
“It’s a worrying fact,” lamented Cañete, who remembers that something similar happened during the previous crisis.

It also stands out in the report that, no matter how much the situation improves, remains a halo of pessimism on entrepreneurs, since 78% do not believe that your collection-term expectation improve in 2022. In any case, the percentage of default
Regarding the total billing – that is, the delinquency ratio – fell by 2021 to 4.8% compared to 5.4% of 2020.

At the time of pointing out the worst public payers, the accusing finger points mainly to the local administration, which almost half of the respondents (48%) consider as the one that takes the most in paying.
The regional administration follows, which receives 33% of the answers and only 19% of the respondents charge against the plant.
In spite of this, only 19% of those who respond consider that the administration pays within the deadline.

The steps given towards a solution to this problem do not convince the PMCM.
The payment plan to suppliers, argue, will only pay bills accounted for before July 1, 2021. That is, they will have an age of at least 253 days, so they believe it is a measure that only seeks to reduce the average period
of payment, which in September 2021 was 59.77 days for the town halls.

Meanwhile, in the private sector, the paradox is given that the worst pay is, precisely, who fewer problems should have to do it: large companies.
61% of respondents ensures that the client that takes the most in making the payment is the companies with a turnover greater than 50 million euros.
Only 20% of respondents ensure they pay within the legal period (ie, 60 days) and 42% respond that they do it well above it (that is, 90 days or more).

In SMEs, 49% ensure they pay within the deadline and 45% aim that they do something above.
Only 5% consider that they do it much above the deadline.

The report also reflects that, no matter how much the law establishes 30 and 60 days payments, two out of every three suppliers closed trade agreements with clients -public and private- that imposed upper terms than permitted.
“66% of the contracts flagrantly fail the law,” he summarized Cañete.

To this is added that, although most of the respondents know the payment mechanisms of interest, the vast majority (83%) never or almost never demand that they are aboned.
The same goes for legal compensation of 40 euros for recovery costs, which lets 92% of respondents pass.
In Cañete’s opinion, it is mainly due to fear of losing the client in case of requesting this payment.

Likewise, PMCM President also recalled the importance of making amendments to the Law creates and grows – the known as STARTUPS law – to improve payment terms.
As he explains, the possibility of rescinding a public bidding contract was eliminated in the process of not being paid within the subcontractor suppliers and should return to the law.
“Without it, the new regulations will not improve delinquency,” he warns, even though he does implement measures as an observatory or electronic billing.

“Until we have a sanctioning regime, we will not have the guarantee that companies will meet their payments,” the manager said.
In his opinion, there is “a clear pressure” so that it does not come forward.
“The government stops the processing of the sanctioning regime,” he says, and is mainly due to this pressure.