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Lending money between Romans within the law

Lending money between Romans within the law

In Rome, a peer-to-peer loan stays legal when it is written down, priced below the usury threshold and paid by bank transfer; above all, beware of scammers using the name of the Banca d'Italia, whose headquarters happen to be in the capital.

Via Nazionale, a favourite target for forgers

The Banca d'Italia sits in Palazzo Koch on Via Nazionale, and Consob also has its headquarters in Rome. Fake lenders therefore send certificates supposedly stamped in Rome; these institutions never approve a private loan and never charge borrowers any fees.

Roman civil servants and the cessione del quinto

Rome has a high share of public employees, ministries and national bodies. For them, the cessione del quinto, a loan repaid by deduction from salary or pension, is offered by licensed banks and finance firms as a regulated alternative to borrowing from a colleague.

La Sapienza, Tor Vergata and Roma Tre

Rome's three large public universities host a big student population drawn from all over Italy and abroad. Loan offers circulating in flat-share groups should be treated with caution, and a copy of your passport should never go to a stranger.

Expatriates, diplomats and international organisations

With its embassies, the FAO and institutions linked to the Vatican, Rome is home to many foreign residents. A loan between expatriates needs a currency clause and a codice fiscale; our page on identity theft linked to loans describes a common risk.

Writing the mutuo between two Romans

The scrittura privata, or private written agreement, states identities, codice fiscale, sum, term, schedule and the agreed rate or interest-free status. It can be registered at a Rome office of the Agenzia delle Entrate to obtain a certain date, valuable in an inheritance or separation.

Authentication by a Lazio notary

The Consiglio notarile di Roma brings together the district's notaries. An authenticated signature makes the contract directly enforceable for a money debt, sparing the lender lengthy proceedings before the Rome court if the borrower stops paying.

Respecting the quarterly usury threshold

The thresholds are published by decree of the Ministry of Economy, also based in Rome, using data collected by the Banca d'Italia. Between individuals, use the category closest to your transaction and have the calculation checked if you have any doubt.

Payment by bonifico and the cash limit

Any cash handover reaching 5 000 euros between two people is prohibited, even for a family loan in Rome. A named bank transfer quoting the contract reference proves the payment and each repayment, without artificially splitting the sums.

Scams reported in the capital

Scams combine a fake lender, a fake Roman lawyer and a website copying a well-known bank to steal login details and data. The method is explained on our page about fake lender phishing, with the reflexes for securing your account.

Reporting a fraud in Rome

The Polizia Postale has its central directorate in Rome and accepts reports online; a complaint can also be lodged at a police station or with the Carabinieri. Warn your bank without delay to block or dispute a fraudulent transaction.

Consumer associations and the Rome ABF panel

Codacons, the Unione Nazionale Consumatori and Adiconsum have offices in Rome and advise indebted households. Against a bank or finance firm, the Rome panel of the Arbitro Bancario Finanziario is a low-cost route; see also the private loan in Naples.

Tax declaration for a Roman lender

A lender resident in Rome reports interest received in quadro RL of the tax return, subject to IRPEF and the Lazio and Roma Capitale surcharges. Without a written rate, the Agenzia delle Entrate may presume interest calculated at the legal rate.

How to arrange a private loan in Rome

  1. Meet the lender and check their identity card, then look up any company claiming to be a finance firm in the official register.
  2. Draft the scrittura privata with amount, term, rate or interest-free status, due dates and both parties' IBANs.
  3. Check that the rate complies with the usury threshold published for the current quarter.
  4. Transfer the funds from an account in the lender's name and keep the transfer order.
  5. Register the deed with the Agenzia delle Entrate or have the signatures authenticated by a Roman notary.
  6. Follow the schedule with monthly transfers and declare the interest received every year.

Fees and ceilings for a private loan in Rome

ItemCost in euros (indicative)Note
Private interestFree below the usury thresholdQuarterly MEF decree
Registration in RomeVariable dutiesCheck with the Agenzia office
Notary in the Rome districtOn quotationEnforceable title if unpaid
Licensed cessione del quintoIntermediary's rateCapped by anti-usury law
Lender's taxIRPEF and Lazio surchargesQuadro RL
Fake Banca d'Italia feesMoney lostThe institution charges nothing

File to prepare for a loan in Rome

Mistakes to avoid with a private loan in Rome

Questions from Romans about peer-to-peer loans

Can the Banca d'Italia guarantee a loan between individuals?

No. The central bank supervises financial intermediaries but never guarantees, approves or charges for any private loan. Any document claiming otherwise is a forgery; keep it and attach it to your report to the police.

Is it worth a Roman civil servant borrowing from a private individual?

It depends on the amount and the relationship with the lender. For a large sum, compare with a cessione del quinto from a licensed intermediary, whose rate remains capped. Between relatives, a written contract avoids misunderstandings at work or in the family.

How long should I keep the evidence of a loan in Rome?

Keep the contract, statements and receipts for the whole life of the loan and several years afterwards, because Italian civil limitation and tax audit periods are long. A lawyer or commercialista can tell you the right period for your situation.

Can an expatriate living in Rome lend to an Italian?

Yes, provided they have a codice fiscale and use a bank account. Depending on their tax residence, the interest will be taxed in Italy, in their home country or in both, under the applicable tax treaty.

Useful official sources