Contrato de préstamo personal entre particulares (personal loan agreement between private individuals)

Contrato de préstamo personal entre particulares (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. What we charge you: €250. Official tasa (government fee): Exempt from ITP (transfer tax, art. 45.I.B.15 LITP). The informative Modelo 600 is free of charge.

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We draft your contrato de préstamo personal entre particulares, a personal loan agreement between private individuals (arts. 1740-1757 CC). It covers the capital, interest (with or without), the method of repayment (single payment or instalments), optional security, default interest and an IRPF (Spanish personal income tax) clause for the lender. We check the interest limits (Ley Azcárate 1908 + STS 4-3-2020) so the loan is not usurious, the cash payment limit (1.000 € under Ley 7/2012), and we remind you that even though 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.

Practical guide: Private contracts between individuals in Spain: loan, gift, building work and services. Requirements, deadlines and the steps, explained.

What we charge you: €250
Managora's fee: €250.00 (21% VAT incl.)
Tasa (official government fee): Exempt from ITP (transfer tax, art. 45.I.B.15 LITP). The informative Modelo 600 is free of charge.
Processing time: Signature is immediate. 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 250,00 € (21% VAT included). A loan between private individuals is exempt from ITP; the informative Modelo 600 is free of charge..

Contrato de préstamo personal entre particulares (personal loan agreement between private individuals): how is it filed?

1Answer the questions in the chat (around 7 minutes).
2We spot the likely problems: excessive interest (usury), cash payments above 1.000 €, and the presumption of a gift between first-degree relatives.
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.
4Payment of 250,00 € (21% VAT included) for our fee.
5You sign the mandate from your mobile.
6We draft the full agreement, with an amortisation schedule if it is repaid in instalments.
7The agreement is signed and the capital handed over by the agreed method.
8The informative Modelo 600 is filed with the Comunidad Autónoma within 30 days.
9Tax reminder: the lender declares the interest received in their IRPF (Spanish personal income tax) as investment income.

Which documents do you need?

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

Prerequisites we also handle for you

This procedure may require documents that we also obtain. If your case needs one and you do not have it, ask us for it here and come back once you have it:

ITP-AJD: Modelo 600from €150

Legal basis and things to bear in mind

Legal framework: arts. 1740-1757 CC + art. 1108 CC (default interest) + Ley Azcárate 1908 (usury) + STS 4-3-2020 (the Wizink case) + RDLeg 1/1993 ITP-AJD art. 45.I.B.15 (exemption) + Ley 7/2012 (cash limit).
ITP (transfer tax): the loan is WITHIN the scope of the tax but EXEMPT (art. 45.I.B.15 LITP). That means nothing is paid, but it is advisable to file the Modelo 600 declaring the exemption, above all between first-degree relatives, to avoid it being presumed a disguised gift.
CASH PAYMENT: 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. There is no longer a fixed threshold: since STS 258/2023 the interest rate is compared with the average rate the Banco de España published for that product on the date of the agreement, and it is usurious when it exceeds that average by more than six points. Because that average rate has been coming down, 24 % from a few years ago may be usurious today, while a higher rate from fifteen years ago may not be. Between private individuals, interest far above the statutory interest rate on money may be voidable.
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 reduce that risk: 1) an amortisation schedule; 2) monthly bank transfers; 3) the Modelo 600; 4) considering raising it to a public deed if the capital is high; 5) setting a minimum interest rate equal to the statutory interest rate on money.
Tax treatment for the lender: the INTEREST received is investment income for IRPF purposes (no withholding applies unless the lender lends on a habitual basis).
Tax treatment for the borrower: the interest is NOT deductible unless the loan is for business investment.
Security: a personal loan may carry optional security (a third party's personal guarantee, 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, or cancelacion_hipoteca_rp).
Natural connections: if the loan is between relatives and above 6.000 €, the informative Modelo 600 goes to the Comunidad Autónoma. If it is for a home and is to be secured with a mortgage: novacion_hipoteca_rp / cancelacion_hipoteca_rp.

Contrato de préstamo personal entre particulares (personal loan agreement between private individuals): frequently asked questions

Contrato de préstamo personal entre particulares (personal loan agreement between private individuals): how much does it cost?

We charge you €250: our fee plus, where applicable, the fixed official tasa we advance. Our fee 250,00 € (21% VAT included). A loan between private individuals is exempt from ITP; the informative Modelo 600 is free of charge.. Managora's fee is €250.00, 21% VAT included (€206.61 net + €43.39 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: Exempt from ITP (transfer tax, art. 45.I.B.15 LITP). The informative Modelo 600 is free of charge..

Contrato de préstamo personal entre particulares (personal loan agreement between private individuals): how long does it take?

Signature is immediate. Informative Modelo 600: 30 days from signature.

Contrato de préstamo personal entre particulares (personal loan agreement between private individuals): which documents do I need?

You need to have to hand: DNI / NIE of the lender and of the borrower., Proof of the transfer of the capital (where it is paid by bank transfer)., If there is security: the documents evidencing it (deeds, guarantees 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) ↗.

Managora Gestion SL (company number B88823893) is a private company. We are not Documento privado entre las partes + AEAT/CCAA (modelo 600 informativo), we are not affiliated with, authorised or endorsed by any public authority, and this website is not an official government portal. What you pay on this page is our fee for preparing, signing and filing the procedure on your behalf: it is separate from the official tasa, which where applicable belongs to the authority and is shown to you separately. You can carry out this procedure yourself, directly with Documento privado entre las partes + AEAT/CCAA (modelo 600 informativo).

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