Any loan between individuals less than $10,000 is disregarded. If you charge interest less than the Applicable Federal Rate for a loan between $10,000 and $100,000, the difference is considered a gift for which you may have to pay a gift tax if your total gift tax for the year exceeds 14,000.
The $100,000 Loophole.
If the borrower's net investment income exceeds $1,000, your taxable imputed interest income for the year is limited to the lower of: The borrower's actual net investment income, or. The imputed interest income amount.
If you lend more than $10,000 to a relative, charge at least the applicable federal interest rate (AFR) — and be aware that the interest will be taxable income to you.
In the US giving a below market interest or even free loan to a child is considered a gift for tax purposes.
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.)
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.
The IRS requires intrafamily loans to have a written agreement that establishes a formal relationship between the lender and borrower. In addition, the family member lending the money must make sure the borrower can afford to repay the loan.
The IRS allows you to gift up to $18,000 in money or property to an individual each year without having to report it to the IRS (for the tax year 2024). Even if your gifts exceed $18,000, it's still unlikely you'd have to pay taxes unless you've surpassed the lifetime gift tax exclusion ($13.61 million in 2024).
Think of yourself as the bank, making it clear to your child that it is a loan they must repay. Your terms can and should also include what will happen if they default on the loan. Setting it up properly from Day 1 will encourage your child to take it seriously.
Assuming principal and interest only, the monthly payment on a $100,000 loan with an annual percentage rate (APR) of 6% would be $599.55 for a 30-year term and $843.86 for a 15-year mortgage.
As an American taxpayer, when it comes to lending money to your kids, the IRS generally doesn't take much interest unless larger sums are involved. While small loan amounts under $10,000 won't raise any red flags, significant amounts can trigger gift tax implications if you're not careful.
A loan of $10,000 or less is exempt. In other words, no interest income has to be reported. A loan of $100,000 or less. The Lender reports imputed interest at the lower of the AFR rate or the Borrower's (child's) net investment income for the year.
Can my parents give me $100,000? Your parents can each give you up to $17,000 each in 2023 and it isn't taxed. However, any amount that exceeds that will need to be reported to the IRS by your parents and will count against their lifetime limit of $12.9 million.
It is possible to get a $100,000 personal loan, but it's challenging. Lenders don't typically offer loans as large as $100,000, with most banks and credit unions offering a maximum of $50,000. To qualify for a $100,000 personal loan, you'll need a credit score of 720 or above and a high income.
In fact, you can loan money to a family member without charging any interest as long as the loan is less than $10,000. When the loan is $10,000 or more, the IRS requires that you charge a minimum interest rate called the applicable federal rate (AFR).
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.
The primary way the IRS becomes aware of gifts is when you report them on form 709. You are required to report gifts to an individual over $17,000 on this form. This is how the IRS will generally become aware of a gift. However, form 709 is not the only way the IRS will know about a gift.
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.
Tax implications: If the family loan is interest-free and over a certain amount ($17,000 in 2023 or $18,000 in 2024), the lender may need to file a gift tax return. If the loan includes interest, the lender must follow IRS interest rate guidelines and potentially report it as income.
A: The IRS defines an intrafamily loan as a formal creditor- debtor relationship involving an agreement, whereas gifts are given without obligations or expectations. When money is transferred with the expectation of repayment, it's a loan.
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 ...
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.