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Borrowing or lending between individuals in Madrid

Borrowing or lending between individuals in Madrid

In Madrid, lending money to a private individual is legal: draw up a contrato de préstamo, pay by bank transfer, file the exempt modelo 600 with the Comunidad de Madrid and be wary of anonymous lenders contacted online.

Madrid, financial capital and a hunting ground for scammers

The Spanish capital hosts the headquarters of the Banco de España and the CNMV, which scammers exploit by claiming to be registered in Madrid. A genuine professional lender appears in the official registers; a Madrid address alone proves absolutely nothing.

A young, student and Latin American population

The Complutense and Autónoma universities attract thousands of students, while the Venezuelan, Colombian and Peruvian communities are large in the capital. These groups, sometimes without a Spanish credit history, are favourite targets of fake quick-loan offers.

Modelo 600 with the Comunidad de Madrid

In the Madrid region, the property transfer tax is managed by the tax services of the Comunidad de Madrid. A peer-to-peer loan is exempt, but the borrower still files the form, often online, within the regulatory deadline.

High rents and the rental deposit

Housing costs in Madrid push many tenants to borrow from a relative for the fianza, the deposit required when signing a lease. Even for a few thousand euros, a written contract and a named bank transfer prevent family misunderstandings.

Setting a reasonable rate without a legal cap

Spain has no numerical usury rate; the 1908 Azcárate law leaves the judge to assess whether interest is disproportionate. Between Madrid residents, a rate close to the interés legal del dinero, set by the budget law, limits disputes.

Madrid notaries and direct enforceability

The Colegio Notarial de Madrid brings together the region's notaries. An escritura pública makes the contract enforceable without a long trial, reassuring the lender for a large sum. Our page on the peer-to-peer loan agreement lists the essential clauses.

Madrid crowdlending: check the PSFP licence

Several crowdfunding platforms operate from Madrid, but only those entered in the CNMV register of PSFP may offer loans to the public. They mainly fund small businesses and property projects, not everyday household spending.

Frequent frauds reported in the capital

Common scams combine a fake lender on social media, a fake contract with an official letterhead and a request for upfront fees. Some even steal the names of real notaries; see the fake notary loan scam to recognise this pattern before paying.

Filing a police report in Madrid

A denuncia can be filed at any Policía Nacional station, or started online for certain offences and then confirmed in person. Keep screenshots, IBAN numbers and WhatsApp messages, which Madrid investigators need to trace the fraudsters.

Free advice for consumers in Madrid

The Oficina Municipal de Información al Consumidor (OMIC) of the Ayuntamiento de Madrid and associations such as OCU or FACUA give free guidance in disputes. Over-indebted Madrid residents can also consult a lawyer about the so-called second chance law.

Interest declared on IRPF by a Madrid lender

A Madrid lender declares interest received as income from movable capital in the annual IRPF return. An interest-free loan must state that it is free, otherwise the Agencia Tributaria may presume remuneration calculated at the statutory rate.

How Madrid compares with Barcelona and the rest of Spain

Civil rules are national, but the handling of modelo 600 varies by region. For an overview, read the guide to peer-to-peer loans in Spain or the page on a private loan in Barcelona.

Steps for a private loan in Madrid

  1. Meet the lender in person in Madrid and compare their DNI or NIE with the name of the bank account holder.
  2. Sign a contract in Spanish stating the sum, term, rate and schedule, with an original copy for each party.
  3. File the exempt modelo 600 with the tax services of the Comunidad de Madrid after signing the contract.
  4. Transfer the funds from an account in the lender's name to an account in the borrower's name.
  5. Consider an escritura pública with a Madrid notary if the amount exceeds what you can afford to lose.
  6. Keep statements, contract and filing receipt for the whole loan term, then for at least four more years.

What a private loan costs in Madrid

ItemCost in euros (indicative)Comment
Interest between individualsFree; legal benchmark of 3.25 % in 2026A disproportionate rate can be annulled by the judge
Modelo 600 with the Comunidad de Madrid0 €Loan exempt from ITP, filing still required
Notarial deedAccording to the official notary scaleRecommended above a few thousand euros
Tax on interest (IRPF)From 19 % to 30 % (indicative)Paid by the lender
Advance demanded by an online lenderMoney lostScam to report to the Policía Nacional

Paperwork to prepare in Madrid

Traps to avoid in the capital

Your questions on private lending in Madrid

Where do I file modelo 600 for a loan signed in Madrid?

With the tax administration of the Comunidad de Madrid, online or at its offices. Filing is in principle the borrower's job. The transaction is exempt from ITP, so nothing is payable, but failing to file weakens the proof of the loan.

A lender on Instagram says it is licensed in Madrid: how do I check?

Search for its name in the Banco de España and CNMV registers, as well as the CNMV warning list. An unverifiable licence, contact only via WhatsApp or a request for fees before payout are enough to reject the offer.

Can I lend to a student friend in Madrid without interest?

Yes, provided it is stated in black and white in the contract. Without that clause, the Agencia Tributaria may presume the lender receives interest at the statutory rate. Modelo 600 must still be filed, whatever the amount lent.

What can I do if a Madrid borrower does not repay?

First send a formal demand by burofax, which counts as evidence in court. The procedimiento monitorio then lets you claim a documented debt before the court of first instance. A lawyer from the Madrid bar will explain deadlines, costs and recovery prospects.

Useful official sources