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For small loans under $10,000, the answer is simple ? no. The IRS isn't concerned with most personal loans to your son, daughter, stepchild, or other immediate family member. They also don't care how often loans are handed out, whether interest is charged, or if you get paid back.
What to include in your loan agreement? The amount of the loan, also known as the principal amount. The date of the creation of the loan agreement. The name, address, and contact information of the borrower. The name, address, and contact information of the lender.
It makes sense to write-up a formal loan agreement ? even for very small amounts. If you have something down in writing at the start that is signed, it can help with disputes later on. A written loan agreement can benefit both parties because you can use it as protection if one of you breaches the terms.
How to make a family loan agreement The amount borrowed and how it will be used. Repayment terms, including payment amounts, frequency and when the loan will be repaid in full. The loan's interest rate. ... If the loan can be repaid early without penalty, and how much interest will be saved by early repayment.
A loan agreement should be structured to include information about the borrower and the lender, the loan amount, and repayment terms, including interest charges and a timeline for repaying the loan. It should also spell out penalties for late payments or default and should be clear about expectations between parties.
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.)