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Don't overthink this. I've done private loans for three different properties. The key is documentation, documentation, documentation. Make sure your loan has: - Clear terms written down and signed by both parties - A reasonable interest rate (even if it's very low) - A defined repayment schedule - Regular payments that you can track If it's a family member, be aware of gift tax rules. If they're charging no interest or below-market rates, there could be some imputed interest issues as others mentioned.
What exactly counts as "reasonable" interest? My parents want to charge me 1% interest on a house loan which is obviously way below market rate. Is that going to be a problem?
The IRS publishes what's called the Applicable Federal Rate (AFR) each month, which is the minimum interest rate they consider legitimate for loans. These rates are typically lower than commercial rates. For example, as of last month, the long-term AFR (for loans over 9 years) was around 3-4%. If your loan charges less than the applicable AFR, the IRS might "impute" interest, meaning they treat the loan as if it charged the minimum rate even if it doesn't.
Has anyone actually been audited over a private loan? I borrowed $200k from my grandparents for my house last year and we didn't create any formal paperwork because, well, they're my grandparents. Now I'm worried...
Without proper documentation, the IRS could potentially reclassify that $200k as a gift rather than a loan, which could have significant consequences. The annual gift tax exclusion is only $17,000 per person (as of 2023), so amounts beyond that would count against your grandparents' lifetime gift/estate tax exemption.
Something no one has mentioned yet - if you made improvements to your house during ownership, those costs increase your basis which could lower your gain even more. Things like a new roof, kitchen remodel, additions, etc all count! Make sure you have receipts though.
Thanks for pointing this out! We actually did a bathroom remodel (~$22k) and replaced all the windows (~$15k) a few years ago. I have receipts for everything. Do these improvements get listed somewhere specific on the tax forms?
You'll add those improvement costs to your original purchase price when calculating your adjusted basis on Form 8949. So if you bought the house for $200k and did $37k in improvements, your adjusted basis would be $237k. The difference between your selling price (minus selling expenses) and this adjusted basis is your actual gain for tax purposes. This means your real gain is likely even lower than you initially calculated, putting you even further below the $500k exclusion threshold. Still need to report it though!
Can someone explain EXACTLY where on Schedule D this goes? My tax software is confusing me with all the different sections and I'm selling my house this year too.
You'll list it on Form 8949 first (Part II for long-term holdings) with code "H" in column (f), then the excluded amount as a negative number in column (g). Then the totals flow to Schedule D, Line 8. If you're using software like TurboTax or H&R Block, they should walk you through this if you tell them you sold your primary residence.
Nobody has mentioned this, but there's also the step-up in basis to consider! If you gift assets during your lifetime, the recipient takes your cost basis. If they inherit after death, they get a stepped-up basis to the fair market value at your death, which can be HUGE for capital gains tax purposes. For example, if you bought stock at $10K that's now worth $50K, and you gift it, your child has a $10K basis. If they later sell at $100K, they pay capital gains on $90K of appreciation. If they inherited it at your death when worth $50K, they'd only pay tax on $50K of appreciation. This is why sometimes it's better to hold appreciated assets until death rather than gifting during life, especially if you're unlikely to hit the estate tax exemption.
Wow, I hadn't thought about the basis step-up issue at all. Does this mean I should be gifting cash rather than appreciated investments if I do start annual gifting? Or is there some strategy that lets you get the best of both worlds?
Yes, if you're going to gift, cash or high-basis assets are generally better from a tax perspective. You want to keep the low-basis (highly appreciated) assets in your estate to get that step-up when you pass. Another strategy some people use is life insurance. If you're worried about estate taxes but want to preserve the step-up, you can keep your appreciated assets and buy life insurance in an irrevocable life insurance trust (ILIT) to provide liquidity for any estate taxes. The insurance proceeds, if structured correctly, pass outside your estate and can be used to pay any estate tax due, allowing your heirs to keep more of your assets intact.
I think people are overthinking this. The annual gift exclusion is use-it-or-lose-it. If you don't use this year's $17k exclusion, you can't make up for it later. And if your looking at 30+ years of compounding, those early gifts could grow substantially. My approach has been to just do a 529 for college funds, then put the rest in a UTMA. Yes, my kid gets it at 21, but that's what good parenting is for. Teach them about money so they don't blow it all. And if you're really worried, you could do a trust, but honestly at your wealth level that seems like overkill for now.
I disagree with your "use it or lose it" framing. While you can't recover unused annual exclusions, you still have your lifetime estate/gift tax exemption. So it's not like those opportunities to transfer tax-free are gone forever if you don't make annual gifts. Also, compounding works the same whether the money is in your account or your child's account. The real question is whether you think you'll exceed the lifetime exemption (even after it decreases), which most people won't.
Just a heads up that if ur state has a franchise tax for corporations (like California) you might still have to pay it even as an LLC electing corporate tax treatment. Learned this the hard way last year with my LLC lol. Check your state's specific rules!!!
Yep, this is critical. Texas has the same issue - my LLC that's taxed as an S-corp still has to file and pay franchise tax even though federally we're an S-corp. Cost me $3,500 I wasn't expecting my first year.
Something else to consider is if you ever want outside investors, many prefer traditional corps over LLCs. My tech startup started as an LLC taxed as a corp, but when we sought angel funding, we had to convert to a C-corp anyway. Investors didn't want pass-through tax consequences and preferred the standard shareholder structure. Just something to keep in mind if future funding is a possibility.
This is huge! We had to do the same thing. Our attorneys said converting from LLC to C-corp cost us an extra $11k in legal fees compared to if we'd just started as a C-corp. Depends on your longterm goals I guess.
Kristian Bishop
Something nobody's mentioned yet - if you owe $28k, make sure you're aware of the different payment plan options. For amounts over $25k, you typically need to provide additional financial information and the approval process takes longer. If you can get your balance under $25k (by making a partial payment), you can qualify for a streamlined installment agreement which is much faster to set up. Just something to consider while you're waiting for the official details.
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Aaron Boston
ā¢This is really helpful - I had no idea there was a threshold at $25k! Do you think I should try to pay $3k now to get under that limit? Would that speed things up or just complicate the application I already submitted?
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Kristian Bishop
ā¢Making a payment to get under the $25k threshold would definitely help speed things up. The streamlined process is much simpler and typically processes faster. It won't complicate your existing application - the IRS will just see that you've made a payment and recalculate your plan based on the new balance. Just make sure you use Direct Pay on the IRS website and select the correct tax year and reason for payment (installment agreement request). A $3k payment now would also save you quite a bit in penalties and interest over time.
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Kaitlyn Otto
Has anyone used the IRS2Go app for this kind of situation? I heard you can make payments through it even if your payment plan isn't finalized yet.
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Axel Far
ā¢Yes! The IRS2Go app is actually really good for making payments. It links directly to IRS Direct Pay and the other payment processors. I used it last year when I was in a similar situation and it worked perfectly. The interface is much easier than navigating the main IRS website.
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