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The $100,000 De Minimis Exception If the total sum of lending is less than $100,000, the IRS allows you to charge interest based on the lesser of either the AFR rate or the borrower's net investment income for the year. If their investment income was $1,000 or less, the IRS allows them to charge no interest.
Hear this out loud PauseA family loan agreement shares the same basic elements with other lending contracts. It should specify a repayment term and payment schedule, an interest rate, and other contingencies, such as how late payments or a default will be handled. Notarizing your agreement is also recommended.
If you loan a significant amount of money to your kids ? over $10,000 ? you should consider charging interest. If you don't, the IRS can say the interest you should have charged was a gift. In that case, the interest money goes toward your annual gift-giving limit of $17,000 per individual (as of tax year 2023).
A family loan agreement shares the same basic elements with other lending contracts. It should specify a repayment term and payment schedule, an interest rate, and other contingencies, such as how late payments or a default will be handled. Notarizing your agreement is also recommended.
It doesn't count as income for the borrower, because they will pay this money back, nor does the loan count as a gift for the lender for the same reasons. To qualify as a family loan, the transaction generally has to meet three criteria. You must have: A written or otherwise provable agreement between the parties.