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The Do's for Lending to Friends and Family Lend Money Only to People You Trust. Limit Loans to What You Can Afford. Get It in Writing. Don't Lend More Than You Can Afford. Don't Let Guilt Drive Your Decision. Don't Lend Someone Your Credit.
In general, a personal loan contract is just as legally binding between friends or family as it would be with a bank. However, a contract between friends or family might be simpler or have fewer terms. Each agreement, though, is likely to have the same main provisions.
At a minimum, your loan contract should include: Your name and the borrower's name. The date the loan was granted. The amount of money being lent. Minimum monthly payment. Payment due date. Interest rate, if you're charging interest. Consequences for defaulting on the loan.
How to Draft a Loan Agreement The addresses and contact information of all parties involved. The conditions of use of the loan (what the money can be used for) Any repayment options. The payment schedule. The interest rates. The length of the term. Any collateral. The cancellation policy.
What a personal loan agreement should include Legal names and address of both parties. Names and address of the loan cosigner (if applicable). Amount to be borrowed. Date the loan is to be provided. Repayment date. Interest rate to be charged (if applicable). Annual percentage rate (if applicable).
Consider including: Names and addresses of the parties to the agreement. Loan amount (principal). Interest rate. Repayment terms, including dates, and any late fees or penalties. Signature lines.
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).
The IRS mandates that any loan between family members be made with a signed written agreement, a fixed repayment schedule, and a minimum interest rate. (The IRS publishes Applicable Federal Rates (AFRs) monthly.)