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The IRS takes an interest in loans as well, so it can be helpful to understand tax law. Therefore, a buyer would want to purchase a note at a discount from the balance to increase the interest rate of the note to a market rate.TO IMMEDIATELY REPAY THE FULL AMOUNT OF YOUR LOAN") and you do not pay the amount due. If you default, we may: •. INCOME TAX CONSEQUENCES OF BELOW-MARKET GIFT LOANS 33. State whether the lender will charge a penalty for late payments. The penalty can be a late fee or an interest rate increase. 5. Even if a promissory note is lost, the legal obligation to repay the loan remains. Requirements, for promissory notes. One simple way to formalize the loan is with a promissory note.