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Updated over 3 years ago on . Most recent reply

User Stats

9
Posts
3
Votes
Juan F.
  • Rental Property Investor
  • Norco, CA
3
Votes |
9
Posts

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

Juan F.
  • Rental Property Investor
  • Norco, CA
Posted

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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