What is a private loan?
Borrowing money from family or friends is also called a private loan. This is because it is not offered to the public. When arranging a private loan with family or friends, be sure to include the agreements in a contract. You can create this contract together. It should include the following details:
- The borrower and lender
- The loan amount
- The interest rate (or other compensation)
- How the loan will be delivered
- How the loan will be repaid
- The duration of the loan
You should also make agreements about:
- What happens if the loan is not repaid
- (Interim) cancellation
- Early repayment
- If you can use other types of credit during the loan period
Private loan, interest and tax
Be careful with interest-free loans
Be careful if family or friends want to give you an interest-free loan. The amount of interest that you will not pay will be seen as a gift by the Dutch Tax & Customs Administration (Belastingdienst). If it exceeds the gift tax exemption, you will have to pay tax on this benefit.
Choose a market-based interest rate
You avoid this problem with a market-based interest rate. The current financial market determines the interest rate. Based on this, family and friends can calculate a fair interest rate. It should be no more than 10% (in Dutch).
An interest rate is seen as fair if it is the same as the rate a lender, such as a bank, would charge for a comparable loan. You can find interest rates on the websites of lenders. In case law, a reasonable interest rate should be no more than 25% higher or lower than the rate a bank would charge. For example, if a bank charges 6% interest, the interest rate for the private loan can be between 4.5% and 7.5%.
Could the loan affect your personal relationship?
If you are borrowing from someone that you have a personal relationship with, it is important to consider what can go wrong. If your business is temporarily struggling, you may not be able to repay the loan for a few months. This can affect your relationship. Before you arrange the loan, consider if your relationship can withstand this.
Get help with financing
Getting help increases your chances of financing. With the right advisor and a good financial basis, a 'yes' to your financing application is within easy reach. These advisors (in Dutch) will help you on your way.