In the US giving a below market interest or even free loan to a child is considered a gift for tax purposes.
parents can make a below market or even 0% intra-family loan. A loan is not a gift unless/until forgiven. But the IRS will impute interest to the parents who must report it on their income tax return. The interest rate for this is based on something called the AFR and is usually quite a bit lower than market rates.
The $100,000 Loophole.
With a larger below-market loan, the $100,000 loophole can save you from unwanted tax results. To qualify for this loophole, all outstanding loans between you and the borrower must aggregate to $100,000 or less.
If you sell something at less than its full value or if you make an interest-free or reduced-interest loan, you may be making a gift.
Bottom Line. California doesn't enforce a gift tax, but you may owe a federal one. However, you can give up to $19,000 in cash or property during the 2025 tax year and up to $18,000 in the 2024 tax year without triggering a gift tax return.
As far as the IRS is concerned, there is no such thing as an interest-free loan. Loans without interest, or at below-market interest rates, are recharacterized so that the lender must recognize market-rate interest income.
Gift tax limit 2024
The gift tax limit, also known as the gift tax exclusion, is $18,000 for 2024. This amount is the maximum you can give a single person without having to report it to the IRS. For married couples, the limit is $18,000 each, for a total of $36,000.
Expert tip from Thomas Brock: Anyone can pay off your debt, but this can lead to tax complications, credit reporting issues and a strain on personal relationships. I always advise individuals that are considering allowing someone to pay off a debt to communicate openly with the benefactor.
But if the transaction does fall within one of the exceptions and an interest deduction could not have been taken, the value of the interest-free loan would simply be the interest which the borrower would have paid at arm's-length. This gain may be taxed in several ways.
In times of need, family steps up. It's just what you do. But beware: While loaning money to family might seem like a good idea, if not properly executed, an intrafamily loan can lead to unexpected taxable income, gift tax, or both.
Traditionally courts consider the following factors in determining whether an advance is a gift or a loan: (1) whether there was a promissory note or other evidence of indebtedness, (2) whether interest was charged, (3) whether there was security or collateral, (4) whether there was a fixed maturity date, (5) whether a ...
You probably can't borrow money interest-free from a traditional lender, but you may be able to get a no-interest loan from: Retailers: Car dealerships and other retailers may offer 0% annual percentage rate (APR) financing for a set amount of time.
Under the current rules, you can give up to $18,000 to any individual in one year—and to as many people as you choose. This is an annual limit. You can give up to $18,000 to as many individuals as you choose every year without owing a gift tax. Suppose you have three kids.
There is no minimum interest rate you are required to charge, but you will be liable for taxes if you decide to give a below market interest loan to the IRS. This is because as a lender, you are expected to charge market interest and if you don't do so, you are in effect liable for the interest foregone on the loan.
For tax purposes, if you loan a significant amount of money to your kids — over $10,000 — you should consider charging interest as a lender. 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.
What's more, if the loan exceeds $10,000 or the recipient of the loan uses the money to produce income (such as using it to invest in stocks or bonds), you'll need to report the interest income on your taxes.
There's no legal limit for how much a family member can loan you, but there are tax requirements. Loans over $10,000 are required by the IRS to charge the applicable federal rate and then report that earned interest as income.
If you're still a dependent of your parents and they're paying for your higher education--room and board for example--this isn't considered a gift. A transfer of $100,000 to you directly is considered a gift and may be taxable to the giver.
From this perspective, if you are inclined to give, you should gift as much as you can comfortably afford during your lifetime, while remaining aware of the available step-up in capital gain basis for inherited assets. So, gift your assets that have minimal gains and save your most appreciated assets for inheritance.
If you lend the money at no interest, the IRS can consider the loan a gift, making you liable for gift taxes. The repayment schedule that the borrower must follow. State whether you'll require periodic payments, a balloon payment or some combination.
A soft loan is a loan with no interest or a below-market rate of interest. Also known as "soft financing" or "concessional funding," soft loans have lenient terms, such as extended grace periods in which only interest or service charges are due, and interest holidays.
Intrafamily Loans
The loan can be for any amount and duration and there are no credit checks or collateral requirements. What's more, you only need to charge a minimum required interest rate as set forth by the IRS (the Applicable Federal Rate).