Loan agreement between private individuals (Spain)
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For lending money to a relative or a friend in Spain, or borrowing it, and putting it in writing. The agreement, in Spanish under Spanish law, names both parties with their DNI or NIE (Spanish identity numbers) and sets the amount in words and figures, payment by bank transfer, whether the loan is interest-free or the agreed rate, repayment in one sum or in monthly instalments, and what follows a late payment (articles 1740 ff. of the Spanish Civil Code). Both parties sign two copies. The borrower declares the loan, free of charge, to the regional tax office with form 600 or its regional equivalent. In Spanish.
- Made for use in Spain
- Last updated October 20, 2026
Published byDocMuse
When to use this document
- You are lending money to a brother, a sister or a friend in Spain and want it in black and white.
- Your parents are transferring money for a flat in Spain and you do not want it to look like a gift.
- The money has already been sent and you want to agree in writing when and how it will be paid back.
- You need a private loan agreement for Spain, with or without interest.
What you fill in
The details the document asks for.
- City
- Date
- Lender
- Lender's DNI or NIE (Spanish identity number)
- Lender's address
- Borrower
- Borrower's DNI or NIE (Spanish identity number)
- Borrower's address
- Amount in words
- Amount
- Borrower's bank account (IBAN)
- Date the loan is paid out
- Relationship
- Interest on the loan
- Agreed annual interest rate (leave empty if interest-free)
- How the sum is repaid
- Repayment date
- Number of instalments
- Amount of each instalment in words
- Amount of each instalment (figures)
- Due date of the first instalment
- Lender's bank account
- Unpaid instalments after which the whole balance falls due
- Additional terms
Common questions
- Does a loan between relatives in Spain have to be declared to the tax office?
- Yes. The borrower files the loan's self-assessment, form 600 or the form of their autonomous community (in Navarre and the Basque Country, that of the regional Hacienda Foral), within the deadline set there. The loan is exempt from Spain's transfer tax, so nothing is paid, but filing is compulsory and helps prove the money is not a gift. Filing is free on the regional tax office's website. You do not need DocMuse for it, and DocMuse does not sell that form.
- Does a private loan in Spain carry interest if the agreement says nothing?
- Under the Spanish Civil Code, no: interest is owed only if expressly agreed (article 1755). For Spanish income tax, however, lending money is presumed to be paid for unless shown otherwise (article 6.5 of Law 35/2006), and the tax office may attribute income to the lender at the legal interest rate. That is why the agreement states in writing whether the loan is interest-free, and the money moves by bank transfer both ways. Interest well above the normal rate and out of proportion can make the contract void (Spain's Usury Law of 1908).
- What can a lender in Spain do when a relative does not repay?
- First, a demand for payment by burofax that invites the borrower to negotiate: since 3 April 2025 a civil claim is not admitted without a prior attempt to negotiate (Organic Law 1/2025), and the other side has thirty days to answer. Without agreement, the signed agreement and the transfer receipts support a claim in the payment order procedure (proceso monitorio), for which the courts provide a free form. The claim is time-barred five years after repayment fell due (article 1964.2 of the Civil Code), and a written demand interrupts that period (article 1973).
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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