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4 Tips for Loaning Money to Family Members

Written by Roger Wohlner on February 8, 2011 in Retirement  |   9 comments

4 Tips for Loaning Money to Family Members By Roger Wohlner Economic events of the past couple of years have made it more difficult for people to obtain conventional lines of credit, and as a result, many are turning to family members for loans for…

4 Tips for Loaning Money to Family Members

By Roger Wohlner

Economic events of the past couple of years have made it more difficult for people to obtain conventional lines of credit, and as a result, many are turning to family members for loans for a variety of purposes.

An inter-family loan has its pros and cons. On the pro side, a family member is not going to check your credit. On the con side, if you default on this loan, it could seriously impair your relationship with the lending family member and other members of your family. And it could severely damage the lender’s finances.

Atlanta-based financial adviser Russ Thornton suggests the following:

I would highly encourage EVERYTHING be documented, countersigned by all parties, and have a third-party witness sign, too—maybe a CPA or financial planner. The documentation needs to state all terms (interest rate, payment schedule, term of loan, etc.) and needs to clearly state recourse if things go sour. Can the lender call the loan early—under what conditions? What if the borrower can’t make payments? Are there any penalties, and, if so, what are they? I think all parties should try to imagine all possible scenarios—good, bad, and ugly—and discuss and document how they would be handled.

While this may seem excessively formal, it is vital to treat any loan transaction among family members as an arms-length business transaction.

Here are some more tips for arranging a loan with a family member:

1. Use a promissory note, committing the terms to writing.Both parties should sign it. The promissory note should contain at least the following:

  • The loan amount
  • The repayment schedule
  • The rate of interest

A promissory note will protect both parties in any number of circumstances that may arise, such as if the loan isn’t paid back.

2. Charge a reasonable rate of interest. An interest-free loan is likely to be considered a gift rather than a loan and could result in the lender having to file a gift tax return. If the rate of interest is below the applicable APR (set by the IRS), the lender could face the prospect of having to declare imputed interest as income. Basically, in this situation the IRS will take the difference between the applicable APR and the charged interest and use it to determine the interest that should have been charged. This extra amount becomes income to the lender and taxes will be due, even though the lender has not received any cash payment of this extra interest.

3. Protect yourself in the case of a death with proper documentation. If your loan is undocumented and one party dies before the loan is repaid, you may face issues. For example, if the recipient of the loan dies before the loan is fully repaid, the lender might come after the recipient’s heirs. If nothing is documented, the heirs can deny that such an arrangement existed, and the lending party would be out his or her money. On the flip side, if the lender dies before repayment, the recipient might say the lender had indicated that the rest of the loan was to be forgiven in the event of his or her death. Again, without proper documentation, this would be hard to prove.

And, most important:

4. Do not lend money to a family member that you need yourself. We all want to help out a family member, but don’t do it if lending the money would jeopardize your financial security.

This article is not meant to be a primer on loans between family members. If you are contemplating asking a family member for a loan or making such a loan, please take it very seriously. Even though family is involved, treat it as a business transaction. If needed, consult with a financial or legal adviser who is versed in this area.



Read More:

Strategies for Outsmarting Uncle Sam at Tax Time
Participating in Your Company’s 401(k) Plan Is Not a No-Brainer
All Money Market Funds Are Not Created Equal
Maximize Your 401(k) Returns

Roger Wohlner, CFP®, is a fee-only financial advisor at Asset Strategy Consultants in Arlington Heights, Illinois. Roger provides advice to individual clients, retirement plan sponsors and participants, foundations, and endowments.

Follow Roger on Twitter.

The information contained in this blog post is designed to generally educate and inform visitors to the Equifax Finance Blog. The blog posts do not give, and should not be assumed to provide, personalized tax, investment, real estate, legal, retirement, credit, personal financial, or other professional advice. Before making any financial decision, you should always consult with the appropriate professionals who can explain your options, rights, and legal responsibilities, and advise you on any tax, legal, credit, or business implications that may result from those decisions. The views and opinions expressed by the authors of blog posts are their own views and may not be the views or opinions of Equifax, Inc. and/or its affiliates.


  1. tomolo says:

    Family unity is more likely to be maintained when everyone knows what is expected of them. Without writing it down a loan can be mistaken for a gift. Thanks for writing this article.

    Tom Olofsson

  2. jude.boudreaux says:

    Great blog Roger! I'm looking forward to reading your regular column here.

    One source I've used for family loans is Virgin Money. They can formalize the agreements and in some cases handle payments between parties. They add a nice formality factor without adding a lot of extra costs to the process.

  3. Tim says:

    Excellent post, Roger! To Jude's point, Virgin Money did a terrific job managing family loans, but withdrew from the US market in November 2010.

    National Family Mortgage has picked up where Virgin left off and is a great resource for managing intrafamily real estate loans.


  4. Michael Kovacs says:

    Thanks for the post Roger! Would like to let your readers know about our service, http://www.lendingkarma.com as a resource that can help them formalize and track their person to person loans. We've helped thousands navigate this process for loans of all types.

  5. Editor, Equifax Personal Finance Blog says:

    Comment from Steven at ActiveRain:

    Good rules to follow, but a firm "No" is simpler. Fortunately, the few of us that are left are all doing well and I don't anticipate this being a problem!


  6. Editor, Equifax Personal Finance Blog says:

    Comment from Bob at ActiveRain:

    Oh this can get messy really fast. I've seen some relatives take money and not really seem like they ever intended on paying any of it back while others make it a life's mission to pay it back.


  7. Editor, Equifax Personal Finance Blog says:

    Comment from Karin at ActiveRain:

    Usually try to stay away from lending money to family members…but good tips if it is necessary!


  8. Editor, Equifax Personal Finance Blog says:

    Comment from Gerard at ActiveRain:

    Good points. I typically do not lend money unless I expect to lose it! One other point he didn't mention was that you must also properly enforce the agreement; late fees, penalties, etc. for it to be considered a valid contract.


  9. Editor, Equifax Personal Finance Blog says:

    Comment from Ron at ActiveRain:

    This is a lesson we've been discussing wth our 15 year old daughter who spent about $50 of her Christmas money when a friend asked her to pay for something and "she'd pay her back later". She could have used that money a couple of times but the situation is not comfortable for her to ask her friend for it back…that's why I told her, if you loan to a friend or family member, it's often best to think of it as a gift. If it comes back, that's great but if not, you didn't expect it back anyway.


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