There may be tax implications.
If the money is a loan greater than $10,000, your loved one is required to charge an interest rate in line with IRS guidelines, known as the Applicable Federal Rate (the rate changes every month). Otherwise, the money is considered income that you can be taxed on.
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.)
If it is truly a gift - ie absolutely nothing is required in return - then it is not taxable to the recipient. An individual can give up to $34K to someone without any need to file any tax form. You only have to pay tax if you give away more than $12 million.
Borrowing money and failing to repay is not a crime, UNLESS there was some deception or fraud in your part that led your friend to give you the money.
If you lent a friend money, you can sue them in small claims court if they failed to pay you back. However, distinguish money you lent to a friend as a gift versus a loan.
Loan agreements, promissory notes, and IOUs
The most basic loan agreement is commonly called an "IOU." These are typically used between friends or relatives for small amounts of money, and simply state the dollar amount that is owed. They do not usually say when payment is due, nor include any interest provisions.
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.
Share: Generally, the answer to “do I have to pay taxes on a gift?” is this: the person receiving a gift typically does not have to pay gift tax. The giver, however, will generally file a gift tax return when the gift exceeds the annual gift tax exclusion amount, which is $18,000 per recipient for 2024.
Cash gifts and income are subject to IRS reporting rules. Gifts of up to $19,000 in cash are exempt from reporting in 2025. Those who have household employees must report cash payments that exceed $2,800 in 2025.
It is legal to lend money, and when you do, the debt becomes the borrower's legal obligation to repay. For smaller loans, you can take legal action against your borrower if they do not pay by taking them to small claims court. This may seem harsh, but it's important to understand up front.
Private money lending is not subject to the same regulations that govern other lenders, but the business is not completely unregulated. Private money lenders do have to follow state usury laws that limit the amount of interest that can be charged. They may also be limited in the number of loans they can make.
Most of the states that require a license will have some sort of exception to the rule. For instance, in California, a license is required to make a loan here. But an exception to that rule is having your loans brokered by a DRE licensed broker.
Borrowers can use personal loans for all kinds of purposes, but the Internal Revenue Service (IRS) cannot treat loans like income and tax them, with one significant exception: Personal loans are not considered income for the borrower unless the loan is forgiven.
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.
How often can I deposit $9,000 cash? If your deposits are for the same transaction, they cannot exceed $10,000 per year without reporting. Although the IRS does not regulate how often you can deposit $9,000, separate $9,000 deposits may still be flagged as suspicious transactions and may be reported by your bank.
More In Our Agency. The IRS Whistleblower Office pays monetary awards to eligible individuals whose information is used by the IRS. The award percentage depends on several factors, but generally falls between 15 and 30 percent of the proceeds collected and attributable to the whistleblower's information.
Taxes on money transfers depend on the amount and whether you're the giver or receiver. Banks report cash transactions over $10,000 and some money transfers over $1,000 to the IRS. Penalties for not filing can include hefty fines, criminal charges and up to 10 years in prison.
If you received a gift or inheritance, do not include it in your income. However, if the gift or inheritance later produces income, you will need to pay tax on that income.
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).
Bottom Line. The exclusions to the federal gift tax mean you can probably give $50,000 to each of your children without owing any tax. Since a gift of that size is more than the current annual exclusion of $18,000, you would have to file Form 709 to report the gift to the IRS.
You may be asking yourself, "Can I lend money to a friend and charge interest?" or "Is it illegal to lend money and charge interest?”. Well, the easy answer to those questions is yes - it is legal to lend money and charge interest, and in most cases, you should charge interest when lending money to someone you know.
Loaning friends and family money is a hotly-debated topic, but one thing that is always a given — the threshold after which the IRS gets involved. According to the U.S. Code, that figure is $10,000. It's referred to as the “de minimis exception” — referring to small loans from the tax agency's perspective.
The limit of total transfer through cash is Rs 20000. For example : If Mr. X has taken a loan of Rs 10,000 earlier (maybe even by cheque or electronic transfer) and now intends to borrow another Rs 15,000 in cash, he cannot do so, as the balance would exceed Rs 20,000.