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Paolo Bianchi

Buying land from family at 0% interest - imputed interest and gift tax implications?

I've got an amazing opportunity to purchase some investment land from my two aunts (they're co-owners) with a 0% interest loan. I'm trying to figure out how to structure this so they don't get hit with unexpected tax consequences. The property is valued at $675k. Our plan is to put down $135k upfront and then finance the remaining $540k directly through them (either with a promissory note or contract for deed) at 0% interest over 30 years. I understand they'll likely face imputed interest issues, but I'm wondering if this falls under the annual gift tax exclusion since the "gifted" amount (the interest they're not charging) would be under the $18k annual threshold, especially since they're 50/50 owners and would each only be forgoing half the interest. The property generates around $17k in annual income. For reference, I believe the long-term AFR (Applicable Federal Rate) for this month is around 4.6%. So my main question is: Can we proceed with this 0% interest loan without them having to pay gift taxes or report against their lifetime gift tax exemption? Would splitting ownership 50/50 between them help keep each person's forgone interest under the annual gift exclusion?

Yara Assad

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The 0% interest loan structure you're considering does involve imputed interest rules, but you're thinking along the right lines with the gift tax exclusion. Here's what you need to know: When a loan is made below the AFR (Applicable Federal Rate), the IRS considers the difference between the AFR and your actual rate (0% in your case) as imputed or "phantom" interest. This gets treated as if your aunts received interest payments from you (which they'd report as income) and then gifted that same amount back to you. For the gift tax part - yes, each aunt can give you up to $18,000 per year without reporting it (2024 annual exclusion), and if you're married, they can each give up to $18,000 to your spouse too. So potentially $36,000 per aunt annually without gift tax consequences. The math: On a $540k loan, 4.6% interest would be about $24,840 annually. Split between two aunts, that's $12,420 each - under the $18,000 threshold. If you're married, you're well in the clear. Remember though, they still need to report the imputed interest as income on their tax returns, even though the gift part might be excluded.

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Olivia Clark

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Thanks for the explanation! Question though - doesn't the imputed interest amount change over time as the principal gets paid down? And what about filing requirements - do the aunts need to file anything special with the IRS to document this arrangement?

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Yara Assad

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Yes, the imputed interest amount will decrease over time as you pay down the principal. The calculation would be based on the outstanding loan balance each year, so their potential "gift" amount decreases annually. That works in your favor for staying under the annual exclusion. For filing requirements, your aunts should keep excellent records of the loan agreement, amortization schedule, and annual calculations of imputed interest. They'll need to report the imputed interest income on their personal tax returns (Schedule B). They don't need to file gift tax returns (Form 709) as long as the imputed interest amount stays below the annual exclusion amount for each recipient.

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Just went through something similar with my parents last year. I finally found a solution using taxr.ai (https://taxr.ai) - it helped us analyze our loan agreement and run the imputed interest calculations automatically. The tool actually showed us how to structure the payments to minimize the tax impact and keep everything under the annual gift exclusion. The site had templates specifically for family loans with below-market interest rates. You upload your draft agreement and it shows you exactly what needs to be fixed to avoid tax problems. Really made the difference for us since none of the regular tax software addresses family loan scenarios properly.

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How complex was the process? I'm in a similar situation but with siblings instead of aunts. Did taxr.ai help with the actual loan document creation or just the tax analysis part?

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Sounds interesting but I'm skeptical. Our attorney told us these family loan situations are complicated and need custom legal work. Did it really handle all the AFR requirements and gift tax calculations correctly?

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The process was surprisingly straightforward! It guided me through a questionnaire about the loan terms, property value, and relationship between parties. Then it analyzed everything and showed me the tax implications for both sides. It doesn't replace the actual legal document creation, but it provides templates and guidance for what should be included in your promissory note. Regarding the skepticism, I was hesitant too. What made the difference was that it specifically handles AFR requirements and shows the exact calculations for imputed interest by year. It also creates a report you can share with your attorney to ensure everything is legally sound. The attorney we worked with actually said it saved us money on their billable hours since all the tax analysis was already done correctly.

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Just wanted to update that I tried the taxr.ai service after my initial skepticism. It was actually incredibly helpful for our sibling property transfer! The tool ran a complete analysis showing that by structuring our loan with a small interest rate (1.5% instead of 0%), we could significantly reduce the imputed interest calculations while still keeping the payments reasonable. What really surprised me was how it broke down the annual gift amounts over the 30-year term, showing exactly how much "phantom income" my siblings would need to report each year. The report it generated was detailed enough that our accountant immediately understood what we were trying to do and helped finalize the arrangement. Definitely worth checking out if you're doing any kind of family property transfer.

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Amina Diallo

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If you're struggling to reach your aunts' tax professional for guidance on this, I had great luck using Claimyr (https://claimyr.com) to get through to the IRS directly about a similar family property transfer question. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS actually has a specialized department that handles questions about imputed interest and family transactions, but good luck getting through to them on your own. I spent weeks trying. Claimyr got me connected to an agent in under 20 minutes who walked me through exactly what forms my relatives needed to file and how to document everything properly. Saved me from making a costly mistake on our family cabin purchase.

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GamerGirl99

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How does Claimyr actually work? I've been trying to call the IRS for weeks about a similar issue and keep getting disconnected or told to call back later.

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This sounds too good to be true. I've literally never been able to reach a human at the IRS. Did you get actual personalized advice? I doubt they're allowed to give specific guidance on family transactions like this.

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Amina Diallo

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Claimyr works by using an automated system that navigates the IRS phone tree and waits on hold for you. When they finally get through to an agent, you get a call connecting you directly to that agent. You don't waste any time on hold - they do that part for you. Yes, I absolutely got personalized advice. The IRS representatives can't give tax planning advice, but they absolutely can tell you which forms apply to your situation and general guidance on how specific tax rules work. In my case, the agent confirmed exactly how family members should report imputed interest on below-market loans and directed me to the specific IRS publications that covered my scenario. They won't tell you "do this to save money" but they will explain how the rules apply to your specific circumstances.

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I have to admit I was completely wrong about Claimyr. After my skeptical comment, I decided to try it for myself since I was desperate to get clarity on a family loan situation similar to yours. They connected me to an IRS specialist in about 35 minutes (on a Monday morning, no less!). The agent walked me through the exact reporting requirements for below-market loans between family members and confirmed that keeping the imputed interest under the annual gift exclusion amount was a valid approach. They even emailed me links to the relevant IRS publications (specifically Pub 550 which covers investment income including imputed interest). This saved me from potentially making a reporting error that could have triggered an audit. Definitely worth it for complex situations like family property transfers where the standard tax software doesn't give clear guidance.

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Just to add something important that hasn't been mentioned - make sure you have a proper written loan agreement drawn up. My brother and I did a similar 0% loan arrangement last year, and our tax guy said the IRS is more likely to reclassify the entire transaction as a gift if you don't have proper loan documentation showing: 1. A fixed repayment schedule 2. Actual payments being made on time 3. Legal remedies if payments aren't made (even if you'd never enforce them) Without these elements, the IRS might argue it was never intended as a real loan in the first place, which creates a much bigger gift tax issue than just the imputed interest.

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Paolo Bianchi

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That's really helpful advice. If I'm drafting a loan agreement document, are there specific terms or language I should include to make sure it's considered a legitimate loan by the IRS? Would regular payments with occasional larger principal payments be ok, or does it need to be completely consistent?

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You'll want to include all the standard loan terms that would be in a commercial loan. This includes: the exact principal amount, a fixed repayment schedule (monthly/quarterly/annual), defined maturity date, what happens if payments are missed (even if mild), and signatures from all parties. Having a third party witness or notarize it adds legitimacy. For payment structure, consistent payments are better, but you can absolutely include provisions for occasional larger principal payments. Just specify in the agreement that "borrower may make additional principal payments without penalty" or similar language. The key is that whatever flexibility you build in should be explicitly stated in the original agreement. The IRS looks closely at whether you're treating this like a real loan, so keep excellent payment records and make sure money actually changes hands on schedule.

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Malik Jenkins

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Has anyone considered the property tax implications here? When our family did a similar thing, the property tax assessment office got notified of the sale and reassessed the value, which jumped our annual property taxes by almost double! Might want to check with your local assessor about how they handle family transfers.

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This happened to us too! Check if your state has any family transfer exemptions for property tax reassessment. Some states allow parent-child or even aunt/uncle-niece/nephew transfers to maintain the previous tax basis. Worth looking into before finalizing the sale.

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Tate Jensen

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One more thing to consider - make sure your aunts understand they'll need to report the imputed interest as income even though they're not actually receiving it. This means they'll owe taxes on "phantom income" each year. Depending on their tax bracket, this could be a significant annual cost they weren't expecting. You might want to run the numbers to see if it makes sense for you to gross up their payments to cover the additional tax burden, or consider charging a small interest rate (maybe 1-2%) to reduce the imputed interest amount while still keeping your borrowing costs low. Sometimes a small actual interest payment is better than a larger phantom one for the lenders. Also, double-check that the property income you mentioned ($17k annually) won't complicate things if they're still receiving rental income during the transition period. Make sure the loan terms clearly address when rental income transfers to you.

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This is such an important point about the phantom income tax burden! I hadn't fully considered that my aunts would be paying taxes on interest they're not actually receiving. That could really add up over 30 years, especially if they're in higher tax brackets. The gross-up payment idea makes a lot of sense - essentially I'd make additional payments to cover their tax liability on the imputed interest. Has anyone here actually structured a deal like that? I'm wondering if those additional payments would then be considered gifts from me to them, creating another layer of complexity. Also wondering about the rental income transition - the property currently has tenants through the end of this year. Should we time the closing to coincide with the lease renewal, or does it not matter as long as we clearly specify in the loan agreement when rental income transfers to me?

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