True manna financial in these times of crisis, lending between private individuals is no less an operation is framed. You borrow your brother-in-law, or you are passing by the online intermediaries, certain rules must be strictly adhered to in order not to be sued. What are these rules and that is what is waiting for you in the event of non-compliance ? Zoom on the rules surrounding the loan between private individuals.
The wear rate, not to exceed
An individual may lend money to another person in return for a fee. If the parties are free to determine the interest rate, it must not be excessive. The setting of this threshold is not always obvious. But to make it simple, refer to the rate charged for the loan staff of banks. Pay attention because the wear is a criminal offence punishable by a fine and a sanction of imprisonment.
The writing, a modality required
This kind of loan may be constituted by a deed under private seal or by notarial act before the notary. The writing is the undeniable proof of the existence of the report of obligations. There are a few mandatory entries in order to give full force to the contract. These include the complete identity of the parties, the agreed sum as well as the rate which has been agreed to borrow money. That the contract has been manuscript or not, the parties must affix their own hands, the mention read and approved. Beyond 1500€, the borrower will establish a recognition of debt.
The declaration to the tax authorities, when and how ?
The borrower has the obligation to declare to the taxman any loan greater than 760€. This ceiling takes into account all of all the loans obtained. Splitting a loan is not thus used for nothing. The lender is also subject to a declaration where the loan is with a interest rate. This remuneration shall be included in his income, and knocked the Tax on the income. The absence of a declaration from the tax department can generate a fine of a few hundred€. But it can also lead to the consideration of the loan as a gift. In this case, the tax applied will be the one gift that is still 60% currently.
What about the online intermediaries ?
This is the trend of the moment, competing strongly with the offerings of a bank loan. In fact, thanks to the absence of a physical seat and employees like the bank, these intermediaries offer loans at very low rates. But these intermediaries must be registered in the register of ORIAS. Operating exclusively online, it is increasingly difficult to check all of the sites who offer loans between individuals. Many have already been victims of theft and identity theft. These scammers 2.0 focus on the plight of vulnerable people for their subtract of confidential information, banking but also personal. It is important to stay vigilant and be wary as many as possible of the offers fantastic prices. Most importantly, you should never reveal sensitive information on the net.