Family loans can be a win-win situation. The borrower can avoid the high interest rates of their original creditors and the lender can earn more interest than they would in a savings account or CD and be able to help out someone they love at the same time.
You typically cannot ``borrow'' money from family or friends for a down payment. You can use gifted money, but if someone's gives you a gift, you both will have to sign documents saying that it doesn't need to be repaid.
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).
Deuteronomy 15:8 says, “You shall open your hand to him and lend him sufficient for his need, whatever it may be.”Turning to the New Testament, in the Sermon on the Mount, Matthew 5:42, Jesus says, “Give to the one who asks you, and do not turn away from the one who wants to borrow from you.”And finally, a verse that ...
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.)
What the Bible says about borrowing: Exodus 22:14 - If anything is borrowed, it should be paid back. If what is borrowed is lost or injured, full restitution must be made. Ps 37:21 - The wicked borrows but does not pay back, but the righteous is generous and gives.
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.
On the borrower's side, there are typically no tax implications. The borrower doesn't typically need to report the loan and won't pay any income tax on it. In some cases, the borrower may get a tax perk from borrowing money from family. This is only the case if the borrowed money is used to purchase a home.
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. If you charge no interest or below-AFR interest, taxable interest is calculated under the complicated below-market-rate loan rules.
Scenario: Interest-free loans
For tax purposes, if you loan a significant amount of money to your kids — over $10,000 — you should consider charging interest as a lender. 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.
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.
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.
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.
If you miss payments on your loan, you risk defaults being listed on your credit file and triggering collections processes. Defaults remain on your credit file for several years and have a negative impact on your credit rating, which makes it more difficult to access other loans and financial products in the future.
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.
A loan between loved ones has the same legal weight as a bank loan. If you are lending money to a friend or family member, you may want to get the details in writing and signed by all parties in case there's a conflict or misunderstanding.
You do not need to file a gift tax return or pay gift taxes if your gift is under the annual gift tax exclusion amount per person ($18,000 in 2024). But even if you do exceed that amount, you don't necessarily need to pay the gift tax.
If someone else pays off your mortgage or another significant debt, it could be considered a gift under tax laws.
There may be tax implications.
Otherwise, the money is considered income that you can be taxed on. If your family member or friend doesn't charge the AFR, the IRS may also tax them on interest that could have been collected but wasn't. However, if it's a small loan less than $10,000, the IRS doesn't require interest.
Gift tax limit 2024
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.
A personal loan doesn't generally qualify as taxable income because it's a form of debt that must be repaid. Even though you receive all the funds at once, it's not considered income if you pay it back as agreed. That's true even if you use the proceeds for personal needs, such as paying for an emergency expense.
Luke 6:34-35
Here we have Jesus saying, “lend, expecting noth- ing in return,” again to the crowds as well as to Jesus' disciples (Lk 17, 7:1). Garland (2011) suggests that Jesus says this because his teaching reaffirms the essence of the Old Testament prohibition against interest.
“You shall not make any cuts on your body for the dead or tattoo yourselves: I am the Lord.” What does the Bible say about tattoos? That's it—that one line in Leviticus 19:28 of the Old Testament. But context is key—and this scripture may not apply to us in the way it looks.
This is outlined in the Jewish scriptures, specifically in the Torah: If thou lend money to any of My people, even to the poor with thee, thou shalt not be to him as a creditor; neither shall ye lay upon him interest. Take thou no interest of him or increase; but fear thy God; that thy brother may live with thee.