It is not uncommon that loans are granted among family members, friends, or Relatives. Unlike Bank loans, generating interest income is not, as a rule, in the foreground, but it comes to grab the Affected financially "under the arms".
Despite such altruistic motives personal loans on formal aspects of not-quite-should be neglected. Because missing or not firmly held, the agreements may later lead to great Trouble. Already more personal relations on the dispute over borrowed money failed.
to Always recommend - the written loan agreementthe General Principle is for loans among private people in the form of freedom. Not even a written loan agreement is mandatory, it is an oral agreement is sufficient. However, a detection problem arises in the event of any disputes. The statement is then, under certain circumstances, against statement. Nothing has been agreed specifically, shall apply the provisions of the civil code. After that, may be, for example, in the case of a loan without maturity determination at any time terminate the contract with three months ' notice - to the borrower in the case of the case, may be a hardly solvable Problem. PDF Private loan agreement
Go on the safe side, if you lend money - the lawyers created FOCUS-Online-submission .
template loan contractto avoid such uncertainties, is also among Relatives and good friends, a written agreement, in which the main points are fixed. The naming of the loan amount, the term, the interest rate and the repayment modalities include. Also, who is the lender and who is the borrower, if the agreement is beyond doubt. Otherwise, such contracts are more flexible and less restrictive than otherwise. The provisions for consumer credit do not apply, for example, on a credit check can also be omitted, such as a credit check or collateral security. However, it should be checked in advance whether the borrower is in a position to make interest and principal payments. If there is doubt, it is better to look for another solution. The Person
Otto Regnat is a financial consultant and advises around the topic of investment, real estate and mortgage lending. He writes for the Portal finanzkun.de
Now convenient about the private loans: private loan-comparison taxes - even in the case of private loans relevantAlso a couple of hooks, there is the tax treatment. The borrowers used the loan for income generating, not the cost of the interest on the debt as its advertisements claim otherwise.
The lender must pay on interest income and capital gains tax in the Form of a 25 per cent withholding tax. In the case of shareholder loans to a GmbH, the personal tax rate applies.
Also of interest-free or low-interest loan can be tax-relevant if the Treasury sees this as a taxable gift. Then a gift may be subject to tax. In credit Compare FOCUS Online Top offers
