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Alberto Souchard

Do I pay taxes on a loan from my parents for student debt? Tax implications?

My mom and dad recently offered to loan my wife and I $45,000 to completely wipe out her student loans. We're super grateful and have already drafted a promissory note stating we'll pay them back $390/month until it's paid off. But now I'm confused about the tax situation - does this count as a gift that we need to report? Will we owe taxes on this money even though it's technically a loan? I'm worried about getting hit with a surprise tax bill next year. We're in Georgia if state tax laws matter for this kind of thing. Has anyone dealt with something similar? Any advice would be really appreciated!

Good news! If this is a legitimate loan with a proper promissory note, you shouldn't have to pay income tax on the money. The IRS doesn't consider loan proceeds as taxable income (even from family members) as long as there's a genuine expectation of repayment. A few important details though: Make sure your promissory note includes an interest rate that meets or exceeds the IRS's Applicable Federal Rate (AFR). If the loan has no interest or below the minimum rate, the IRS could consider the "missing" interest as a gift from your parents to you, which could have gift tax implications for THEM, not you. They publish these rates monthly - check the IRS website for current AFRs. Also, keep good records of all payments you make back to your parents. This creates a paper trail showing this is truly a loan and not a disguised gift.

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Marcus Marsh

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Wait, so if the interest rate is too low or zero, then my parents might have to pay gift tax? We didn't include any interest rate in our agreement because it felt weird charging family interest. Does this mean we should rewrite the promissory note?

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Yes, if the loan has no interest or the rate is below the IRS minimum rate (AFR), the IRS may view the "missing" interest as a gift from your parents to you. This is called "imputed interest." You don't necessarily need to rewrite the note, but you should be aware of the potential gift tax implications. Your parents would need to report the imputed interest as a gift if it exceeds their annual gift tax exclusion ($17,000 per recipient for 2024). Most people never actually pay gift tax because of the lifetime exemption (currently over $12 million per person), but they still need to file a gift tax return to report gifts exceeding the annual exclusion.

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I went through something similar with my in-laws last year - they loaned us money to consolidate debt. I was so confused about the tax implications that I spent hours researching and still wasn't sure. Then I found https://taxr.ai which literally saved me from making a big mistake. You upload your promissory note and answer a few questions, and it analyzes it for tax compliance. It flagged that we were missing the minimum interest rate required by the IRS (which could have triggered gift tax reporting for my in-laws). The tool also generated a tax-compliant promissory note template that included the proper interest rate language and amortization schedule. Really helpful for family loan situations to make sure everything's proper with the IRS.

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Cedric Chung

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How accurate is this? I'm in a similar situation and been reading conflicting advice online. Does it just make general recommendations or actually review your specific situation?

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Talia Klein

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I'm skeptical about these online services. Couldn't you just go to a local accountant for this kind of advice? I'm always nervous about uploading financial documents online.

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It analyzes your specific situation based on the documents you upload and questions you answer. It flagged that our loan didn't meet the Applicable Federal Rate requirements and showed exactly what interest rate we needed to use to be compliant. It was spot-on with everything my accountant later verified. For security concerns, I get it. They use bank-level encryption and you can actually delete your documents after getting your analysis. But if you prefer in-person help, an accountant is definitely a good option - just be prepared to pay their hourly rate, which was way more than the online service cost me.

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Talia Klein

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Just wanted to update after trying taxr.ai for my parents' loan situation. I was really skeptical (as you could probably tell from my comment), but after three accountants gave me different answers about our family loan, I decided to give it a shot. Uploaded our draft promissory note, and it immediately identified problems I hadn't considered. Turns out our payment structure would have triggered some weird tax implications for my parents. The analysis explained exactly what we needed to fix and why, with citations to specific tax codes. Honestly better than what I got from the professionals I talked to. Rewrote our agreement based on their template, and everyone's comfortable with the arrangement now. Sometimes being skeptical makes you miss out on good solutions!

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If you're trying to call the IRS to ask about your loan situation, good luck! I spent 4 hours on hold trying to get clarification about a family loan last year. Finally found https://claimyr.com which is a service that holds your place in the IRS phone queue and calls you when an agent is about to answer. You can watch how it works here: https://youtu.be/_kiP6q8DX5c I was able to talk to an actual IRS agent who confirmed that family loans need to charge the minimum applicable federal interest rate to avoid gift tax complications. The agent also explained exactly what documentation we needed to keep. Totally worth it instead of staying on hold forever or trying to interpret confusing IRS publications myself.

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PaulineW

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How does this actually work? Do you have to give them your personal info? Seems sketchy to have a third party involved with IRS calls.

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Sounds too good to be true honestly. The IRS wait times are notoriously awful. I've literally spent entire afternoons on hold. If this actually works, it would be a game changer.

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You just enter your phone number on their website and they call you when an IRS agent picks up. They don't need any personal tax info - they're just holding your place in line. Think of it like those restaurant apps that text you when your table is ready. It absolutely works. The average IRS wait time when I called was 3+ hours, but I went about my day and got a call back when an agent was ready. They don't listen to your actual call with the IRS - they connect you directly once an agent is on the line. It's not sketchy at all, just a time-saving service.

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Well I need to apologize for being so doubtful about Claimyr. After commenting here, I decided to try it since I've been putting off calling the IRS about a family loan situation similar to the original poster's. I submitted my number around 9am, went to work, and got a call back at 2:30pm saying an IRS agent was on the line! Never would have waited that long myself. The agent confirmed everything about the loan documentation and interest rate requirements. She also explained how my parents should report the loan on their tax forms. Biggest takeaway: DOCUMENT EVERYTHING. Keep copies of the promissory note, bank transfers, and every single payment record. Without proper documentation, the IRS is more likely to reclassify a family loan as a gift.

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Chris Elmeda

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Just wanted to add - don't forget to consider BOTH federal and state tax implications. Georgia generally follows federal tax rules in this area, but there can be nuances. For the student loan angle specifically - if your wife was getting student loan interest deductions before, you'll lose those by paying off the loans, even if you're now paying interest to your parents (personal loan interest isn't deductible like student loan interest is).

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I didn't even think about losing the student loan interest deduction! Do you know how much that could impact our tax situation? We were deducting about $1,400 in student loan interest last year.

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Chris Elmeda

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Based on the amount you were deducting, you could see an increase in your tax bill of around $308-$350 depending on your tax bracket (assuming the $1,400 deduction you mentioned). This is because the deduction reduces your taxable income - when you lose it, that amount becomes taxable again. It's still probably worth doing the family loan if the interest rate your parents are charging is lower than the original student loans. Just make sure to factor this change into your tax planning for next year so you're not surprised at tax time.

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Jean Claude

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One other thing nobody's mentioned - if your parents charge less than the minimum IRS interest rate, they'll need to file a gift tax return (Form 709) for the "imputed interest" if it exceeds the annual gift exclusion. But this likely won't cost them anything due to the lifetime exemption - it's just paperwork. Small price to pay to help your kids IMO.

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Charity Cohan

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That's not always true though. The AFR rates are tiered based on loan term. For a short-term family loan (under 3 years), the AFR might be around 1.5-2% right now. For medium-term (3-9 years) slightly higher. Long-term loans have the highest rates. So they could still charge a pretty reasonable interest rate and be IRS compliant.

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