In a 2021 very marked by the economic crisis in many Spanish families, asking for a loan of money from an acquaintance has increased against bank options or credit institutions. However, it is convenient to know that the Treasury always watch these movements in order that they do not fall into a money laundering operation.
Both to avoid future problems with returns that do not arrive as agreed as well as to avoid having to report to the Tax Agency, any loan between family, friends or acquaintances must have a contract in between. This is recommended if you want to have the greatest possible security as well as that it does not involve extra expenses, both for the person who lends the amount and for the person who receives it.
And it is that giving money without a legal argument involved is considered by the Treasury as a donation. Therefore, you should go through the Inheritance tax and donations, so it would be necessary to pay certain amounts according to the money borrowed.
In this way, with a contract in between, two individuals can undertake a loan of legal form and without having to go through a bank. A method that, yes, must be well argued, making the clauses in this regard clear at all times.
These are the sections that every loan contract between individuals must carry
Starting from the essential, identifying data of both parties, in addition, the contract has to specify the amount in a concrete way, who receives it, its purpose and its method of payment. It is also essential to include how the return will be and if it carries interest involved.
A last section that is also key to the Treasury since the interests between individuals do not entail taxes in between, they must be registered in the Liquidation of the Tax on Patrimonial Transmissions. This must be carried out by one of the two parties and within one month from the date of the contract.
All aspects that must be taken into account in this type of operation and that both for future problems between both parties and in the face of the Treasury, it is convenient that there is a contract in between. A loan system that has been increased in recent months and that yes, the Administration always watches for a possible money laundering.
This is how the Treasury monitors your cash under the mattress: these are the cases in which it does
Facebook
Twitter
Linkedin