Minimum required docs for private (family) loan for tax purposes

Minimum required docs for private (family) loan for tax purposes

Rental Property Investor · Norco, CA · Member since 2016 · 9 posts · 3 votes

I looked around and didn't see this exact question answered.

For tax purposes, what is the minimum required amount of documentation between family members for a loan?

When I say tax purposes, I mean that (1) the lender isn't hit with some fee or unexpected tax, and that (2) the borrower is able to consider loan payback as a deductible expense every month.

From my research it seems like the only requirement from the IRS is that you meet the Applicable Federal Rate. I assume a promissory note between parties would be enough to substantiate the relationship?

Any direction or advise would be great - thanks.


(there are no concerns about collateral or default 'best practices', merely asking what the minimum amount of paperwork required by law is)


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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    3y

    @Juan F.

    You would need a copy of a note and yes the interest rate should meet the AFR

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  • Investor · Lewisville, TX · Member since 2012 · 106 posts · 103 votes
    3y

    @Juan F.

    It’s possible that you don’t see your question answered on BP because the question is fundamentally unsound. Borrowing from family increases the risk, not decreases it.

    Doing the bare minimum is a bad idea. Things change. People change. Stuff happens. What looks rock solid now may blow up in your face later.

    Your documentation SHOULD include collateral and default provisions, along with the same contractual requirements you would have with an unrelated party.

    Doing the minimum for a long-term transaction makes about as much sense as buying the minimum amount of gas to get your car from point A to point B. If all goes perfectly, you might be fine. If any one of an infinite number of factors go against you, you’re screwed.

    Do it right or don’t do it at all.

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