Taking out a loan in someone else's name, including a child's name, is illegal and constitutes fraud. This is because when you apply for a loan, you are agreeing to repay the loan and by providing false information, you are committing a crime.
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.
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.
So if you loan someone $50,000, neither of you will pay tax on the loan amount — but you'll likely need to pay income tax on the interest payments you receive from the borrower. And if you don't charge interest, you may be required to pay tax on the interest you could have charged, and things get a little messy.
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.
If someone else pays off your mortgage or another significant debt, it could be considered a gift under tax laws.
Even though no interest may be paid, the parent will be required to report income in that amount. If the loan interest is deductible by the child, they may take that deduction. With a no-interest demand note, the parent is also making a gift.
A loan between family members, or even friends, isn't help—it's a trap for both parties. Whenever you loan money to a friend or family member, you've become their creditor. You're now a lender, and they're a borrower.
Loan terms
While a creditor may allow another person to pay off your debt, they might change the terms of that loan or general debt.
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 $18,000 per individual as of tax year 2024 (up from $17,000 in 2023).
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.
If you borrow more than $10,000, your family member will need to charge a minimum interest rate on the loan and pay income taxes on the interest payments.
Expenses like textbooks, groceries, or membership to a campus organization that will benefit your education are good reasons to ask for financial help. If your budget includes money for hobbies and entertainment, don't ask for more cash to buy a concert ticket or the newest smartphone.
Everyone legally can borrow from family and friends if both parties are willing. If homeowners handle loaning money correctly, everyone can end up winning. These loans are often referred to as: Private home loans or private mortgages.
You divide 72 by the rate of return you get on an investment. That number is about how many years it will take for your investments to double in value. There are a few problems with this. First, numbers and averages aren't the same things.
Instead, they can take loans against their shares. Securities based lending, securities based lines of credit, home equity lines of credit and structured lending are options for leveraging assets without selling them. These loans tend to have relatively low interest rates because they are collateralized.
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.
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.
Gifts from one person to another do NOT give rise to any tax requirements if they amount to less than the annual exclusion. The annual exclusion in 2024 is $18,000. It sounds like your parents are giving you more than that.
If you're lucky enough to have someone who will help you financially, it is possible for them to pay your credit card bill. This can happen online, over the phone, via mail, or other ways, as long as the person has the proper account information.
A: You've asked some important questions, although we think you might be a bit confused about how your real estate tax and mortgage escrow accounts work. Let's start with a basic fact: Whether you carry a mortgage on your property has no impact on what you pay in real estate taxes.