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Updated about 1 year ago on . Most recent reply

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Tom Server
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i need to borrow $50,000

Tom Server
Posted

I need to borrow $50,000 from my brother for about 2 weeks. Do I need to report it ?  Or can he give me 3 deposits 

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Benjamin Weinhart
  • Accountant
  • Cincinnati OH 45245, USA
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Benjamin Weinhart
  • Accountant
  • Cincinnati OH 45245, USA
Replied
Quote from @Tom Server:

He is also married.. so does that mean he can gift me 36k.. and then the loan would be 14k?


Hi Tom,  I just saw this but thought I'd add my significant experience working with gift tax returns. I think you are overthinking things quite a bit. While it is possible to structure things like this for legitimate gifts, your intent is not there since you plan on paying the money back in 2 weeks. You don't need anything significant drawn up for the loan agreement either, a verbal agreement may be fine or just an email exchange can be sufficient (you could sign if you realllllly wanted to). 

As Bill said, you'd technically need to remit market interest of ~5-6% to avoid a related party transaction, but since $100-120 would be vastly below their annual exclusion amount, you can just say that any interest that would otherwise normally accrue would be considered a gift to you. I think the correct treatment is for them to report the interest on their personal return if the IRS gets really nit-picky, but I don't forsee it being an issue since the amount is relatively small.

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