In Belgium, a loan between private individuals is allowed, but it must be proven in writing above 3 500 €, any interest bears a 30 % withholding tax (précompte mobilier), and only FSMA-licensed platforms may run crowdfunding.
A civil contract outside the Code of Economic Law
Book VII of the Code de droit économique governs consumer credit granted by professional lenders. A private person who occasionally lends to a relative is not covered by it: the relationship falls under the Civil Code, which is why a carefully drafted written agreement matters.
Article 8.9 of the Civil Code: writing required above 3 500 €
Since the reform of the law of evidence, Book 8 of the Civil Code requires a signed document to prove any legal act exceeding 3 500 €. Without an acknowledgement of debt, the lender will struggle to show the money was lent rather than given.
What Wikifin advises you to put in black and white
The Wikifin portal, run by the FSMA, recommends stating full names and addresses, the amount, the purpose, the term and any interest. For the clauses, start from our private loan agreement template and then have it reviewed by a Belgian lawyer.
The withholding tax deducted by the borrower
When the loan carries interest, Wikifin explains that the borrower withholds 30 % précompte mobilier and pays it to the SPF Finances. On 2 500 € of annual interest, the lender therefore receives 1 750 €. Confirm the practical details with the tax office.
Usury and maximum rates: private loan versus professional credit
The maximum APRs set by royal decree apply to consumer loans from professional lenders. Between private individuals no figure is published, yet a Belgian judge can cut clearly abusive interest where the lender has exploited the weakness or need of the borrower.
The Central Individual Credit Register of the National Bank
The Central Individual Credit Register of the BNB records loans taken from professional institutions and payment defaults. A family loan does not appear there, which drives listed borrowers towards private lenders, an audience that scammers deliberately target with fake credit offers.
Ten crowdfunding platforms licensed by the FSMA
According to the FSMA list of October 2026, ten providers are licensed under EU Regulation 2020/1503, including Lookandfin, Spreds, Beebonds, Ecco Nova, WinWinner Crowd and KBC Bank. They fund companies and projects, not personal needs; see our page on crowdfunding and crowdlending.
Private mortgage: a notary is unavoidable
A lender who wants security over Belgian property must have a mortgage drawn up by notarial deed, then registered with the Administration de la sécurité juridique. Registration duties and fees come on top; the Fédération du Notariat offers simulations before anything is signed.
Wallonia, Brussels, Flanders: one common rule
Contract law and the taxation of interest are federal, so the same rules apply in Brussels, Liège, Charleroi, Antwerp or Ghent. The parties freely choose the language of the contract, French, Dutch or German, provided each one truly understands what they are signing.
Fake lenders targeting people in Belgium
Quick-loan ads posted on Facebook, Marketplace or forums almost always demand processing, insurance or notary fees before any payout. The FSMA regularly publishes warnings about such entities; also compare what you see against our list of fake private lenders.
Where to report a loan scam in Belgium
File a complaint with the local police, bringing screenshots and proof of transfers. The Contact Point of the SPF Économie collects fraud reports, Safeonweb handles phishing, and the FSMA answers questions about suspicious financial offers circulating online or by phone.
In a dispute: justice of the peace and legal aid
An unpaid claim up to 5 000 € goes before the juge de paix; above that, the court of first instance. First send formal notice by registered letter. Bar legal aid offices give a first consultation, sometimes free depending on income.
Setting up a private loan that complies with Belgian law
- Draft a loan agreement or a signed acknowledgement of debt, which is required as proof once the amount exceeds 3 500 €.
- Set out in writing any interest rate, the term, the repayment schedule and the clause for late payment.
- If interest is agreed, arrange the 30 % withholding tax deduction and check the formalities with the SPF Finances.
- Transfer the funds from one Belgian bank account to the other with a reference mentioning the loan, never in cash.
- For security over property, book an appointment with a notary to draw up the mortgage deed.
- Before dealing with a stranger, check the warnings published by the FSMA and refuse any upfront fee.
Costs to expect for a private loan in Belgium
| Item | Indicative amount | Note |
|---|---|---|
| Interest agreed between individuals | Free, often 0 % within families | A judge can reduce it if usurious |
| Withholding tax on interest | 30 % of interest (indicative) | Deducted by the borrower, source Wikifin |
| Notarial mortgage deed | Varies with the amount | Regulated registration duties and fees |
| Fees of an FSMA-licensed platform | Per the platform's fee schedule | Mainly concerns project funding |
| Advance demanded by a fake lender | Total loss of the sums paid | No genuine lender asks for fees upfront |
Papers to gather before signing in Belgium
- Belgian electronic identity card or residence permit of both parties
- Dated and signed loan agreement or acknowledgement of debt
- Repayment table with the dates and amounts of each instalment
- IBAN numbers of the lender's and borrower's accounts
- Proof of the initial transfer with an explicit payment reference
- Borrower's proof of income (payslips, tax assessment notice)
- Notarial deed if a mortgage secures the loan
Warning signs and common mistakes in Belgium
- Lending more than 3 500 € on a handshake: without a signed document, proving the loan before a judge becomes almost impossible.
- Agreeing to pay processing, insurance or release fees before receiving the funds promised by a stranger met online.
- Believing a so-called Belgian notary who wants a deposit by international transfer, prepaid card or cryptocurrency.
- Forgetting to withhold the tax on interest, which exposes both parties to a tax reassessment later on.
- Mistaking an FSMA-licensed platform for an anonymous website promising credit without any check of the Central Register.
Your questions about private lending in Belgium
Does a loan between individuals have to be registered in Belgium?
No registration is required for a simple private loan agreement. What matters is proof: above 3 500 €, the Civil Code demands a signed document. Only a mortgage requires a notarial deed and its entry in the public register.
Is an interest-free loan between relatives taxed?
Without interest there is no investment income to tax. You should still keep proof that it is a repayable loan and not a gift, particularly in case of inheritance. A notary or tax adviser can confirm your situation.
Can I borrow from a private person if I am listed at the BNB?
Yes, nothing stops a relative from lending to someone recorded in the Central Individual Credit Register. Be wary, though, of ads promising a loan with no checks: that is a classic hook used by scammers who then demand fees.
Which court handles a borrower who does not repay in Belgium?
After formal notice by registered letter, the justice of the peace hears claims up to 5 000 € and the court of first instance above that. A lawyer or legal aid office helps you quantify the claim and gather evidence.