In the US giving a below market interest or even free loan to a child is considered a gift for tax purposes.
For small loan amounts under $10,000, the answer is simple — no. The IRS isn't concerned with most personal loans to your son, daughter, stepchild, or other immediate family member. They also don't care how often loans are handed out, whether interest is charged, or if your loved one pays you back.
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.
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).
Summary: The Parent PLUS Loan is a federal loan that parents of dependent undergraduate students can use to help pay for their child's education. The Direct Parent PLUS Loan offers a fixed 9.08% interest rate for the 2024 - 2025 school year and flexible loan limits.
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.
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.
Loans are not considered gifts since you're going to get the money back. But the IRS considers money you lend to a family member to be a loan only if you sign a loan agreement, charge interest and try to collect (to the point of hiring a debt collector or taking the borrower to court).
The tax code expects you to charge a certain amount of interest for a loan—and even if you don't, you can be taxed as if you did. The IRS refers to this as "imputed interest."
The two sides must sign a promissory note that spells out the interest rate, terms and conditions, length of repayment period, and ability to transfer the loan to another party.
Cons. Potential for conflict: If the loan isn't repaid or the terms of the agreement are broken, it can strain a relationship. The family member or friend loaning the money must consider the chances of not getting it back and whether the loan will impact their own financial goals.
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.
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's possible to refinance parent PLUS loans in your child's name. To refinance parent PLUS loans, your child will need to apply and be approved for the loan through a private student loan lender. They will likely have to supply information about their financials, credit score, school and degree.
As of March 2024 the rates for annually compounding short-term loans (up to three years) were 4.71%; for mid-term loans (up to nine years), they were 4.13%; and long-term rates (for loans over nine years) were 4.40% (visit the IRS website at https://www.irs.gov/ applicable-federal-rates for updated rates each month).
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.
Another plus: Under a favorable tax law loophole, you are completely exempt from the below-market loan rules if the sum total of all loans between you and the borrower adds up to $10,000 or less. (This includes all outstanding loans to that person, whether you charge adequate interest or not.)
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.
The short-term rate applies to loans of up to three years, the mid-term rate applies to loans with a term between three and up to nine years, and the long-term rate applies to loans with repayment terms of greater than nine years. The rates for August 2023 are: Short-Term – 5.07% Mid-Term – 4.09%
How to Use the Double Consolidation Loophole: The key to using the double consolidation loophole is to consolidate each of your Parent PLUS Loans twice. In this scenario, a borrower can have as few as two Parent PLUS Loans.