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Personal loan agreement between private individuals

Personal loan agreement between private individuals is filed with Documento privado entre las partes + AEAT/CCAA (modelo 600 informativo). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: €29 to €29. Official tasa (government fee): Exempt from ITP (art. 45.I.B.15 LITP). The informative modelo 600 is free of charge.

We draft your personal loan agreement between private individuals (arts. 1740-1757 CC, the Spanish Civil Code). It covers the capital, the interest (with or without), the repayment method (a single payment or instalments), optional guarantees, late-payment interest and an IRPF (income tax) clause for the lender. We check the interest caps (Ley Azcárate 1908 plus Supreme Court judgment STS 4-3-2020) so you do not fall into usury, the cash payment limit (1.000 €, Ley 7/2012), and we remind you that although the loan is EXEMPT from ITP (transfer tax, art. 45.I.B.15 LITP), you should file an informative modelo 600 when the loan is between relatives, to avoid it being presumed a disguised gift.

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Estimated total cost
€29 to €29
Managora's fee
€35.09 (21% VAT incl.)
Tasa (official government fee)
Exempt from ITP (art. 45.I.B.15 LITP). The informative modelo 600 is free of charge. (suplido: paid to the authority on your behalf, no VAT)
Processing time
Immediate signature. Informative modelo 600: 30 days from signature.
Where it is filed
Documento privado entre las partes + AEAT/CCAA (modelo 600 informativo) ↗
What you receive
Application

Cost breakdown: Our fee 29 €. A loan between private individuals is exempt from ITP; the informative modelo 600 is free of charge..

Personal loan agreement between private individuals: how is it filed?

  1. 1Answer the questions in the chat (around 7 minutes).
  2. 2We spot potential problems: excessive interest (usury), cash payments above 1.000 €, the presumption of a gift between first-degree relatives.
  3. 3If the loan is between relatives: we remind you to file the informative modelo 600 within 30 days to avoid it being presumed a gift.
  4. 4Payment of 29 € for our fee.
  5. 5Sign the mandate from your mobile.
  6. 6We draft the full agreement for you, with an amortisation schedule if there are instalments.
  7. 7Sign the agreement and hand over the capital by the agreed method.
  8. 8File the informative modelo 600 with your CCAA (autonomous region) within 30 days.
  9. 9Tax reminder: the lender declares the interest received in their IRPF as income from movable capital.

Which documents do you need?

  • •DNI / NIE (identity numbers) of the lender and the borrower.
  • •Proof of the transfer of the capital (where paid by bank transfer).
  • •If there are guarantees: documents evidencing them (deeds, sureties and so on).
  • •Informative modelo 600 (art. 45.I.B.15 LITP) to evidence the exemption.

Legal basis and things to bear in mind

  • Legal framework: arts. 1740-1757 CC plus art. 1108 CC (late-payment interest) plus Ley Azcárate 1908 (usury) plus STS 4-3-2020 (the Wizink case) plus RDLeg 1/1993 ITP-AJD art. 45.I.B.15 (exemption) plus Ley 7/2012 (cash limit).
  • ITP: the loan is WITHIN SCOPE but EXEMPT (art. 45.I.B.15 LITP). This means that nothing is payable, but it is advisable to file the modelo 600 declaring the exemption, especially between first-degree relatives, to avoid it being presumed a disguised gift.
  • CASH PAYMENTS: prohibited between residents above 1.000 € (Ley 7/2012). Penalty: 25 % of the amount. Above that limit, a bank transfer is compulsory.
  • USURY: the Ley Azcárate of 1908 is still in force. STS 4-3-2020 (the Wizink case) held that an APR above 26 % on revolving credit cards was usurious. Between private individuals, interest well above the statutory rate of interest may be voidable.
  • AN INTEREST-FREE LOAN between first-degree relatives: there is a risk of it being presumed a DISGUISED GIFT (subject to ISD, inheritance and gift tax). How to mitigate it: 1) an amortisation schedule; 2) monthly bank transfers; 3) the modelo 600; 4) considering a public deed if the capital is high; 5) setting a minimum interest rate equal to the statutory rate.
  • The lender's tax position: the INTEREST received is income from movable capital for IRPF purposes (no withholding applies unless the lender lends on a habitual basis).
  • The borrower's tax position: the interest is NOT deductible unless the loan is for a business investment.
  • Guarantees: a personal loan may carry optional guarantees (a third-party personal surety, a pledge). If there is a MORTGAGE over a property, it is no longer a personal loan but a mortgage loan (use novacion_hipoteca_rp for amendments, cancelacion_hipoteca_rp).
  • Natural connections: if the loan is between relatives and above 6.000 €, the informative modelo 600 with your CCAA. If it is for a home and you want to secure it with a mortgage: novacion_hipoteca_rp / cancelacion_hipoteca_rp.

Personal loan agreement between private individuals: frequently asked questions

Personal loan agreement between private individuals: how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is €29 to €29: Our fee 29 €. A loan between private individuals is exempt from ITP; the informative modelo 600 is free of charge.. Managora's fee is €35.09, 21% VAT included (€29.00 net + €6.09 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: Exempt from ITP (art. 45.I.B.15 LITP). The informative modelo 600 is free of charge..

Personal loan agreement between private individuals: how long does it take?

Immediate signature. Informative modelo 600: 30 days from signature.

Personal loan agreement between private individuals: which documents do I need?

You need to have to hand: DNI / NIE (identity numbers) of the lender and the borrower., Proof of the transfer of the capital (where paid by bank transfer)., If there are guarantees: documents evidencing them (deeds, sureties and so on)., Informative modelo 600 (art. 45.I.B.15 LITP) to evidence the exemption.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Documento privado entre las partes + AEAT/CCAA (modelo 600 informativo). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Documento privado entre las partes + AEAT/CCAA (modelo 600 informativo) ↗.

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