Yes, a parent can loan a child money to buy a house, often called an intrafamily loan. To avoid IRS penalties, the loan should be documented with a signed promissory note, a fixed repayment schedule, and a minimum interest rate (the Applicable Federal Rate or AFR). It offers flexible, lower-rate financing but requires formal documentation to distinguish it from a gift.
Making an intrafamily loan to your child
An intrafamily loan may provide your child with a lower interest rate than if your child obtained a mortgage from a financial institution, and can eliminate the need to meet traditional mortgage credit requirements.
The most straightforward way to get young family members on the property ladder is to simply give them the cash — either for the down payment, the entire purchase price or something in between. The annual gift tax exclusion is $19,000 per donee in 2025, or $38,000 per donee if you and your spouse split the gift.
Yes, you can give your daughter $100,000 to buy a house, but you'll need proper documentation for her mortgage lender and you'll likely need to file a gift tax return (IRS Form 709) because the amount exceeds the annual exclusion, though it won't usually result in taxes unless you've used up your large lifetime exemption. Lenders require gift letters proving the funds aren't a loan, and you can avoid gift tax impact by gifting up to the annual limit ($19,000 per person in 2025) each year or by using your substantial lifetime exemption.
If you simply gift your daughter the money, it would be considered taxable income for her. The limit for 2024 is around $17000, but you might be right about it being $18000. To avoid triggering a gift tax, you can create a legitimate loan document between you and her, outlining the terms of the loan.
The $100,000 Loophole.
Under this loophole, if the borrower's net investment income for the year is no more than $1,000, your taxable imputed interest income is zero.
As of 2024, this exclusion is set at $18,000 per individual. This means that you can give up to $18,000 in cash or property to your son, daughter, or granddaughter individually without concern for tax implications. If you and your spouse make a joint gift, the exclusion doubles to $36,000.
The IRS primarily learns about large gifts when you file Form 709, the Gift Tax Return, for amounts exceeding the annual exclusion (e.g., $19,000 per person in 2025). They can also discover gifts through third-party reporting (banks reporting large cash transfers), audits of your estate, or by matching transactions to public records, especially for significant asset transfers like property, which might trigger property tax reassessments.
Yes, you can transfer $50,000 to a family member, but you'll need to report it to the IRS by filing Form 709 because it exceeds the 2026 annual gift tax exclusion of $19,000 per person, though you likely won't owe tax unless your total lifetime gifts surpass the very large lifetime exemption. For large cash transfers, banks also report it to FinCEN, and you might need a formal gift letter for things like a home down payment to prove it's not a loan.
Just be aware that the IRS requires any loan between family members to be made with a signed written agreement, a fixed repayment schedule, and a minimum interest rate. If your loan is considered "below market," the IRS will count the difference in interest against your annual or lifetime gift and estate tax exemption.
20% for the down payment – Allocate at least 20% of the property's value as a down payment. 30% for EMIs – Ensure that your Equated Monthly Installment (EMI) does not exceed 30% of your monthly income. 40% for savings and financial goals – Maintain a 40% buffer of your income for savings and future financial goals.
Scenario: Interest-free loans
If you don't charge interest, the IRS can say the amount of interest you should have charged was a gift based on current tax rules. In that case, the interest money goes toward your annual gift-giving limit of $19,000 per individual as of tax year 2025 (up from $18,000 in 2024).
There are two ways to provide a gift to buy a home: Send the funds to the title company to be put in escrow, or gift them to your child directly.
At a glance:
You don't have to report gifts to the IRS unless the amount exceeds $19,000 in 2025. Any gifts exceeding $19,000 in a year must be reported and contribute to your lifetime exclusion amount.
Step-Up in Basis for Inherited Assets
One tax advantage of leaving assets after death is the step-up in basis. This provision allows heirs to inherit assets at their fair market value at the time of death, effectively resetting the capital gains tax to zero for any appreciation during the decedent's lifetime.
Yes, you can likely give your daughter $50,000 tax-free by using your annual gift exclusion and lifetime exemption, but you'll need to file Form 709 with the IRS to report the gift exceeding the annual limit ($19,000 in 2024/2025). The $50,000 gift reduces your large lifetime exemption (over $13 million in 2024/2025), meaning you won't pay tax on it unless your total lifetime gifts exceed that huge amount; your daughter never pays gift tax on the money.
Gifts are generally permitted for the full amount of the down payment on a primary residence. Specifics may vary depending on whether the borrower is applying for a conventional loan, a Federal Housing Administration (FHA) loan or a Veterans Affairs (VA) loan.