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So if you loan someone $50,000, neither of you will pay tax on the loan amount ? but you'll likely need to pay income tax on the interest payments you receive from the borrower. And if you don't charge interest, you may be required to pay tax on the interest you could have charged, and things get a little messy.
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.)
To be thorough, a promissory note should include a core group of details: Total amount of money being loaned. Date of the loan. How the loan was delivered (cash, check, direct deposit) The name and address of the person loaning the money. The name and address of the person borrowing the money.
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 is a loan between family members ? but it's up to you and the lender to decide how it's structured. A family loan can have interest or not, be repaid in installments or a lump sum and you could even provide collateral.
Once executed a loan agreement will be legally binding and in effect.
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.
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).