The short version
- Under the Industrial Enterprises Act, 2076, the main industry-size classifications use fixed capital, with separate conditions for a micro enterprise and a distinct cottage-industry concept.
- The Act classifies small industry up to NPR 150 million fixed capital, medium above NPR 150 million up to NPR 500 million, and large above NPR 500 million.
- A bank, tax provision, procurement notice or donor programme may use “SME” differently; always read the definition in that specific rule.
- Fixed capital is not simply annual sales, cash in bank or the company’s authorised capital.
There is no single SME label for every purpose
People use “SME” as a convenient business label, but the legal test changes with the purpose. An industry-registration classification can use fixed capital. A bank may use a lending-policy definition. A tax provision may use turnover, nature of income or a special threshold. A procurement notice can set its own eligibility. Calling a business “small” in one conversation does not prove that it qualifies as a small industry for another benefit.
The safest habit is to ask: small for what purpose? Then read the exact statute, regulation, notice, loan product or tender document. This takes a few extra minutes and avoids a surprisingly common error—submitting a correct number under the wrong legal definition.
- Industry registration: begin with the Industrial Enterprises Act classification.
- Bank finance: read the lender’s current product or regulatory definition.
- Tax treatment: check the Income Tax Act/annual amendment and the relevant income or turnover condition.
- Procurement or grant: follow that notice’s own definition and documents.
Industry size under the Industrial Enterprises Act
Section 17 of the Industrial Enterprises Act, 2076 provides the core industry-size bands. A small industry is one other than a micro or cottage industry with fixed capital up to NPR 150 million. A medium industry has fixed capital above NPR 150 million up to NPR 500 million. A large industry has fixed capital above NPR 500 million. These are fixed-capital bands, not annual-sales bands.
A micro enterprise is more restrictive than simply “very small.” It requires all of the listed conditions: fixed capital excluding land and building up to NPR 2 million, the entrepreneur personally involved in operation and management, up to nine workers including the entrepreneur, annual turnover below NPR 20 million, and machine/energy capacity within the prescribed limit. Some industries requiring Schedule 1 approval cannot be treated as micro enterprises even if the numbers look small.
What counts as fixed capital?
For this Act, fixed-capital valuation is broader than the purchase price of a machine. The Act refers to physical structures and assets such as land/buildings and equipment, and also recognises specified capitalised technical, supervision, pre-investment, pre-operation and interest costs. The correct number is therefore a classification calculation, not merely a figure copied from an invoice or annual sales report.
That is why a growing business should revisit classification when it adds a factory, machinery, infrastructure or a new project phase. The Act provides a mechanism for an industry to apply to the registering authority where fixed capital changes. Do not wait until an incentive, reporting requirement or renewal asks for a classification that the business has not kept current.
Cottage is not just another word for micro
Cottage industry has its own character in the Act: traditional skill and technology, labour-intensive work, local raw materials/technology/art/culture, the specified power limit and the Schedule 2 list. A business can be small in ordinary language but fail the legal cottage-industry description. Conversely, a traditional producer may be a cottage industry even where a founder casually describes it as a micro business.
Before applying for an industry certificate, financing facility or incentive, create a short classification note showing the business activity, fixed-capital basis, worker count, turnover where relevant, power use and the programme whose definition is being applied. It is a practical document that makes later compliance and conversations with banks or authorities much easier.
Where to check the details
For an important payroll, filing or financial decision, open the source itself and check whether anything has changed since this guide was updated.
- Industrial Enterprises Act, 2076 — Nepal Law Commission
Section 17 classification and Section 18 fixed-capital provisions.
- Industrial Business Regulations, 2078 — Nepal Law Commission
Registration and classification implementation material.