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With Few Exceptions, You Need to Charge Interest Unfortunately, the IRS may ?impute? interest received to the seller, even if the parties agreed to zero interest or a rate below the IRS' published rates. As the saying goes, there's no such thing as a free lunch.
As to element (1), promissory notes (and contracts) both require consideration. Consideration is typically anything of value promised to another when making a contract/promissory note. One defense to a breach of contract or breach of promissory note suit, then, is that the contract/note did not have consideration.
At its most basic, a promissory note should include the following things: Date. Name of the lender and borrower. Loan amount. Whether the loan is secured or unsecured. If it's secured with collateral: What is the collateral? ... Payment amount and frequency. Payment due date. Whether the loan has a cosigner, and if so, who.
Every promissory note should specify the interest rate charged on the loan, regardless of the relationship between the parties. Interest rates are required because in the eyes of the Internal Revenue Service (the ?IRS?), there is no such thing as a zero-interest loan.
A Promissory Note must always be written by hand. It must include all the mandatory elements such as the legal names of the payee and maker's name, amount being loaned / to be repaid, full terms of the agreement and the full amount of liability, beside other elements.