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Mia Rodriguez

Does a private family loan need to be reported as income on tax return?

I've always been able to handle my taxes myself using TurboTax since my situation was pretty basic. But this year things are a bit different, and I'm wondering if I need professional help. In 2024 I sold my old house and bought a new place. To help with the purchase, my parents provided me with a legitimate loan (with interest - definitely NOT a gift since I know that has different tax implications). They transferred about $75,000 to my account, which sat in my savings for a couple months before I used it for the down payment. I'm assuming my bank will send me a 1099-INT for the interest earned while the money was in my savings account. But my main question is: do I need to report this loan from my parents somewhere on my tax return? Does the IRS consider this loan as income that I need to pay taxes on? I haven't made any loan payments back to my parents yet in 2024, so I'm not concerned about reporting that part yet. I'll probably get professional help next year when I start repayments, but I'm just wondering if I might run into any issues this tax season with the initial loan amount.

You don't need to report a legitimate loan as income on your tax return. The key is that it must truly be a loan with the expectation of repayment, which it sounds like yours is since you mentioned interest. The only part of this that affects your taxes this year is exactly what you suspected - the interest you earned while the money was sitting in your savings account, which will be reported on the 1099-INT from your bank. That interest is indeed taxable income. Make sure you have proper documentation of the loan, though. It's best to have a written loan agreement between you and your parents that specifies the loan amount, interest rate, repayment schedule, etc. This helps establish that it's a genuine loan and not a gift in disguise, which could become important if you're ever audited.

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Thank you for your response! That's a relief. I was stressing about whether I'd have to somehow report the $75,000 as income. We do have a written agreement with terms, interest rate, and payment schedule. The interest rate is at the applicable federal rate so it shouldn't raise any flags. One follow-up question - when I start making payments to my parents next year, will they need to report the interest I pay them as income on their taxes? And would I be able to deduct the interest payments like I do with my main mortgage?

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Yes, your parents will need to report the interest payments they receive from you as income on their tax returns. It's considered interest income to them, just like interest from a bank account would be. As for deducting the interest payments, that depends on whether your loan from your parents qualifies as a home loan. If the loan is secured by your home (meaning your parents have a lien on the property) and the loan was used to buy, build, or substantially improve your home, then you may be able to deduct the interest as mortgage interest. You'd need to make sure they provide you with their tax information, as you'll need to report to the IRS who you paid the mortgage interest to.

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How exactly does that work? Do they have actual tax professionals reviewing your documents or is it just some AI thing? I'm always skeptical about uploading financial documents to random websites.

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I'm wondering about the timeline - how quickly did you get feedback? I'm in a similar situation but filing my taxes next week, so I don't have much time to wait around for document reviews.

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They use both AI and tax professionals. The AI does the initial analysis of your document to identify missing elements or potential issues, and then you can get expert confirmation if needed. Everything is encrypted and secure - I was hesitant too at first but their privacy policy is solid. The timeline is really quick - I got the initial feedback in minutes. The AI analysis happens right away, which was all I needed to fix my loan document. If you need the expert review that takes a bit longer, but still usually same day. Should be plenty of time if you're filing next week.

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I had a similar family loan situation but ran into issues when I needed to call the IRS with questions about the documentation. Spent literally HOURS trying to get through to someone. Finally discovered https://claimyr.com which got me connected to an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent clarified that I needed to keep detailed records of all loan payments and make sure my parents reported the interest income correctly. She also confirmed that family loans aren't reportable as income, but warned that the IRS looks closely at these arrangements to make sure they're not disguised gifts. Saved me so much confusion!

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I've heard about these services but they seem sketchy. Why would I pay someone else to call the IRS for me? Can't they just look up your info and pretend to be you? Seems like a security risk.

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It's not too good to be true - they use technology that continually redials and navigates the IRS phone system for you. When they get through, they call you and connect you directly with the IRS agent. You're the one who talks to the IRS, not them. They don't call the IRS pretending to be you or access any of your information. They just handle the frustrating part of waiting on hold and navigating the phone tree. Once you're connected, the conversation is directly between you and the IRS agent. It's actually a pretty clever service that saves a ton of time and frustration.

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One thing nobody has mentioned yet - if your parents are charging you LESS than the minimum interest rate set by the IRS (the Applicable Federal Rate or AFR), there could be tax implications. The IRS might consider the "forgone interest" as a gift from your parents to you. Make sure your loan document specifies an interest rate at least equal to the AFR for the month the loan was made. You can find historical AFR rates on the IRS website.

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Oh that's interesting! I need to double check this. We set the interest rate at 3.5% when we created the agreement last year, but I'm not sure if that meets the minimum requirement. Is there an easy way to look up what the minimum AFR was for October 2024?

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You can find the AFR rates on the IRS website by searching for "Applicable Federal Rates" or "AFR" and the month and year you're looking for. For October 2024, you'd want to look at the appropriate term length for your loan - short-term (3 years or less), mid-term (more than 3 but less than 9 years), or long-term (more than 9 years). The 3.5% rate you mentioned would likely be sufficient for a mid-term or long-term loan during that period, but definitely verify with the exact published rates. If your rate is below the AFR, your parents would technically be making a gift to you of the difference between the AFR interest and what they're actually charging you.

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Just making sure everyone understands - the reason that loans from family members aren't considered income is because you have an obligation to repay them. That's why documentation is so important. If the IRS ever reclassifies your "loan" as a gift (because of poor documentation, below-market interest rates, or lack of repayment), then gift tax rules would apply. And while the recipient doesn't pay tax on gifts, the giver might have to file a gift tax return if it exceeds the annual gift exclusion amount.

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So what happens if I can't repay a family loan? My sister loaned me money for a house down payment but I lost my job and haven't made payments in 6 months. Does this automatically become a gift for tax purposes?

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