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Kolton Murphy

Getting a private loan to buy a house - any IRS tax forms I need to file?

I'm in the process of getting a private loan from someone I know to purchase a house. The arrangement we have is that I'll find a property I want, start the escrow process, and then they'll transfer the money for the purchase. I'm really new to real estate transactions and honestly don't fully understand how escrow works, but that's the plan we've discussed. What I'm worried about are the potential tax implications. Do I need to file any specific forms with the IRS to document this private loan? Is there some kind of affidavit or paperwork I should complete? My biggest concern is that the IRS might see this large sum of money coming into my accounts and think it's income that I should be paying taxes on. I definitely don't want to end up being investigated for not reporting "income" when it's actually a loan. Anyone have experience with private loans for home purchases and how to properly document them for tax purposes?

Evelyn Rivera

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You're smart to be thinking about this! Private loans for home purchases are completely legitimate, but documentation is key to avoid tax headaches. When you receive loan funds, the IRS does not consider this as taxable income as long as it's a genuine loan with the expectation of repayment. The key is proper documentation. You should create a formal promissory note that includes: - The loan amount - Interest rate (even if it's 0%) - Repayment schedule - Signatures from both parties For mortgage loans, the lender typically provides a Form 1098 showing mortgage interest you've paid, which you can deduct if you itemize. In a private loan situation, you won't get this form automatically, but you should still track interest paid. The escrow process is simply a neutral third party that holds funds and documents until all conditions of the sale are met. They ensure the seller gets their money and you get clear title to the property.

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Julia Hall

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Thanks for the explanation. If the loan is interest-free from a family member, does that create any additional tax complications? I've heard something about the IRS imputing interest even when none is charged.

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Evelyn Rivera

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You're right to bring that up. With family loans, the IRS has what's called "imputed interest" rules. If the loan is over $10,000 and you're not charging at least the minimum IRS Applicable Federal Rate (AFR), the IRS may "impute" interest anyway. For the lender, this means they might have to report and pay tax on interest they didn't actually receive. Additionally, if the loan is very large and interest-free, it could potentially be considered a gift, which might have gift tax implications for the lender.

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Arjun Patel

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I went through something similar last year when purchasing my first home. After getting the runaround from banks, I used a private loan from my uncle. I was really stressed about the tax implications too! I found this service called taxr.ai (https://taxr.ai) that was incredibly helpful. They analyzed my loan agreement and explained exactly what I needed to document to show the IRS it was a legitimate loan. They even created a customized checklist of forms and documentation specific to my situation. The mortgage interest deduction guidance alone saved me a ton of headaches at tax time, and they explained how to properly structure the loan to avoid any gift tax complications. Definitely worth checking out if you're in this situation.

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Jade Lopez

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How exactly does this service work? Do they just provide advice or do they actually help you file the right forms? I'm in a similar situation but with a loan from my parents.

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Tony Brooks

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I'm a bit skeptical... how is this different from just talking to a regular accountant? Does it actually help with anything specific to private loans that a tax pro wouldn't know?

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Arjun Patel

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They provide detailed analysis and step-by-step guidance specific to your situation. You upload your loan documents and they review everything, identifying potential problems and providing solutions. It's more than just advice - they create customized documentation templates that satisfy IRS requirements. They're different from a regular accountant because they specialize in unusual tax situations like private financing and have expertise in both real estate and tax law. They helped me structure my loan properly and explained exactly what documentation I needed to maintain throughout the loan term to prevent tax issues down the road.

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Tony Brooks

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Wanted to follow up on this. I was skeptical about taxr.ai but decided to try it after continuing to get confusing advice from different sources. I uploaded my promissory note from my parents and received incredibly detailed feedback within hours. They identified several issues with our loan structure that could have created tax headaches - particularly around the interest rate being below the AFR (Applicable Federal Rate). They provided templates to fix everything and walked me through exactly what documentation to keep for tax time. The service at https://taxr.ai was way more thorough than what my regular accountant provided. Definitely recommend if you're doing a private loan for property purchase.

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One thing nobody's mentioned yet - if you're having trouble getting answers directly from the IRS about how to document this properly, check out Claimyr (https://claimyr.com). I spent WEEKS trying to get through to an IRS agent to verify what forms I needed for my private loan situation. With Claimyr, I got through to an actual IRS representative in under 20 minutes instead of waiting on hold for hours or getting disconnected. They have this system that navigates the IRS phone tree for you and calls you when an agent is actually on the line. You can see how it works here: https://youtu.be/_kiP6q8DX5c When I finally spoke with the IRS agent, they confirmed exactly what documentation I needed to keep for my private loan and what forms to file. Saved me so much uncertainty.

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Yara Campbell

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Wait, seriously? You actually got through to a real person at the IRS? I always thought that was basically impossible these days. How much does this service cost?

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Isaac Wright

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This sounds too good to be true. I've literally tried calling the IRS dozens of times about a private loan issue and always get disconnected after waiting for hours. Are you sure this actually works?

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Yes, I got through to a real IRS agent who specifically handles questions about loans and property transactions. The service basically holds your place in line and navigates all those confusing phone menus for you. As for whether it actually works - absolutely. I was super skeptical too after wasting entire days trying to get through on my own. The difference is they have specialized technology that keeps trying different options until they get through, then they call you once they have an agent on the line. No more spending your whole day on hold.

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Isaac Wright

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Just wanted to update - I was the skeptic who questioned whether Claimyr could actually get through to the IRS. Well, I tried it yesterday and I'm honestly shocked. After weeks of trying on my own and never getting through, they connected me to an IRS agent in about 35 minutes. The agent clarified everything about my private loan documentation requirements. For my situation (loan from a family member for a house purchase), I needed to: 1. Create a formal promissory note 2. Keep documentation of all payments 3. Ensure the interest rate meets minimum federal rates 4. Have a defined repayment schedule The peace of mind from having official guidance was absolutely worth it. I'm actually kicking myself for not using Claimyr sooner instead of stressing for weeks. The video demo at https://youtu.be/_kiP6q8DX5c shows exactly how it works.

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Maya Diaz

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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.

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Tami Morgan

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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?

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Maya Diaz

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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.

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Rami Samuels

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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...

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Evelyn Rivera

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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.

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