I have to lend money to my daughter to help her start a new business. What should I do? I asked a friend for money to pay off some debt. What is better to do? What contract should I enter into? Do I have to pay interest? I want to donate a sum of money to my partner. Do I have to sign a contract?
These are some of the many requests we have received on how to regularize loans, but also donations, among friends, relatives, cohabitants, acquaintances etc..
We have several times advised to take out the loan of money in writing, through a contract (or private writing if you wish) to prevent the Revenue Agency, which can access our current accounts, from mistakenly evaluating the money received or loaned as undeclared income ( black ), with the unpleasant consequences of seeing us apply very high penalties and having to prove (very difficult if you do not have a written document) that the sum of money was nothing more than a loan.
Today we want to summarize what is written in other articles and distinguish the different cases.
Whether it is a loan or donation to family members, cohabitants, friends or acquaintances, the private writing or contract must report the generality of the parties, the amount of money loaned, the methods of repayment, the interests (if any), the guarantees and be dated with a ” certain date ” necessary to provide certainty of the date on which it was stipulated (as if it were authenticated by the Notary), allowing the contract to be enforceable against third parties. It can be obtained by registering with the Revenue Agency, or by affixing the date on the contract by the post office, or by digital signature.
If it is a loan between family members or cohabitants, given the nature of the loan it is probably unnecessary to burden the person who benefits from the money with additional charges. Remember, however, that receiving interest would force you to declare it in your tax return and pay us taxes. In any case, consider what interest your bank recognizes you to understand if not asking for interest penalizes you.
If, on the other hand, it is a loan to a friend or acquaintance, without prejudice to what has been written above for family members, it is perhaps worthwhile to apply interest as a precaution, especially if the repayment is expected after a long time.
The loan contract must be registered and this entails the payment of a registration tax which is equal to 3% of the entire loaned amount (if there are interest, they must be calculated), plus an additional registration tax if there are expected guarantees (mortgage or surety).
If, however, the contract is stipulated in the ” correspondence ” form, that is to say in the letter form that one party sends to the other who receives it and signs it by fully copying it by sending it to the sender, the registration tax is not mandatory, except in use case (if I have to file it in a case, in the public administration office, etc.).
The last warning consists in transferring the money using traceable instruments, such as the bank transfer to fulfill the obligations of the anti-money laundering legislation that provides for the use of cash within 1,000 dollars. If you use the bank transfer, remember to include in the causal ” loan or donation of money as per the contract of…”.