1) Intra-Family Loans (aka Loans amongst Family Members)
If a family member loans money to another family member money and charges no interest or a rate below the applicable federal rate, the lender will be deemed to have made a "gift Loan". The lender will have to report the forgone as well as the actual interest for each year the loan is outstanding as ordinary Income. However, no part of the interest actually paid or imputed is deductible by the borrower if the loan is not business related. Reportable amount will be as follows
LOAN AMOUNT | REPORTABLE AMOUNT |
$0 to $10000 | $0 |
>$10000 to $100000 | The Lesser of *Net Investment Income or *Int. calculated using AFR Applicable Fed Rate Minus Int. calculated using stated rate of the loan |
>$100000 | Int. calculated using AFR Applicable Fed Rate Minus Int. calculated using stated rate of the loan |
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