Yes, a parent can absolutely loan money to an adult child, but it must be structured like a real loan (with a written agreement, interest, and repayment schedule) to avoid potential tax issues with the IRS, which might otherwise consider it a taxable gift, especially for larger amounts. Key steps include using a promissory note, charging at least the Applicable Federal Rate (AFR) for interest, and documenting everything clearly to set expectations and prevent misunderstandings.
The short answer is no, don't lend money to an estranged adult child. If you can't afford to give money to them (or if you choose not to), it may be better to avoid any financial involvement. If you can help it, don't become your child's creditor. As a creditor you're on the hook to take action if your child defaults.
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.
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.
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.
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).
You don't have to pay any tax on an interest-free loan, however, any interest received by your lender IS considered taxable income. They must declare this on their self-assessment tax return and pay tax on it according to their income tax bracket.
Yes, you can gift money to children under the age of 18, although it's important to be aware of certain rules.
Yes, you can give your daughter $50,000 for a house, but you'll need a signed gift letter for the lender and must report it to the IRS using Form 709, though you likely won't pay taxes unless your lifetime gifts exceed the large lifetime exemption (around $13.99M in 2025). To avoid using up your lifetime exemption, you could give up to the 2026 annual exclusion amount ($19,000) each year until the total is reached, or use the amount above the annual exclusion against your lifetime limit, as the lender requires documentation and a gift letter confirming it's not a loan.
The "$100,000 loophole" for family loans refers to a tax rule where lenders avoid reporting imputed interest if the total loan amount (plus any other outstanding loans to that borrower) is $100,000 or less, and the borrower's net investment income is $1,000 or less; otherwise, the lender's taxable imputed interest is limited to the borrower's actual net investment income, avoiding the higher Applicable Federal Rates (AFR) normally required, making it a way to offer lower-interest loans with minimal tax hassle for the family.
Yes, you can give your son $100,000 tax-free in 2025 by utilizing the annual gift tax exclusion and your lifetime exemption, but you'll need to report the gift to the IRS on Form 709 since it exceeds the $19,000 annual limit, though you won't pay tax unless you exceed your much larger $13.99 million lifetime gift/estate tax exemption. The gift is considered yours (the giver) for tax purposes, not your son's.
Yes, you can gift your son $100,000, but since it's over the 2025 annual exclusion of $19,000, you'll need to file a gift tax return (Form 709), though you likely won't owe taxes unless you've already used up your large lifetime exemption (over $13.99 million in 2025). Your son pays no tax on the gift, but you, as the giver, must report the amount exceeding the annual limit, which counts against your lifetime exemption.
Annual gift tax exclusion.
For smaller gifts, an individual taxpayer can benefit from the annual gift tax exclusion, which allows you to gift up to $19,000 per recipient in 2026 ($38,000 for married couples filing jointly) without having to pay taxes.
Yes, your parents can gift you $100,000 for a house — but they'll have to file a gift tax return to disclose the gift since it exceeds the IRS exclusion amount of $18,000. Filing a return doesn't necessarily mean they'll automatically have to pay taxes.
These gifts are exempt from inheritance tax if they are made regularly, form part of your usual expenditure, and do not reduce your standard of living. For example, if you regularly give money to a child or grandchild to help with living expenses or education costs, these gifts could be exempt from inheritance tax.
There are 2 primary methods of transferring wealth, either gifting during lifetime or leaving an inheritance at death. Individuals may transfer up to $15 million (as of 2026) during their lifetime or at death without incurring any federal gift or estate taxes. This is referred to as your lifetime exemption.