David W. Harper
Attorney
Tax Ideas

 

Article 52
When is an Interest-Free Loan Better Than a Gift?

You want to help your children but you want to protect your estate tax exemption. Remember an individual can give $11,000 annually without gift tax liability. Your spouse can give another $11,000. This can be done each year. You can do this to as many people, related and unrelated, as you wish. Note that you can give me $11,000 a year gift tax free. You can loan $10,000 to a borrower without interest and there are no problems. You are allowed to make a loan up to $100,000 without triggering a tax bill for forgoing interest so long as your child does not earn more than $1,000 in net investment income (interest, dividends and short-term gains). If she does get more than $1,000 from investments, you will owe a tax on her total investment income up to the amount of the forgone interest according to the applicable federal rate. In no event would a penalty for a loan in excess of $100,000 be greater than the IRS imputing interest income to you on the amount loaned at the AFR. As of June 1, 2005, this would be at a rate of 4.8%. It changes every month. Do not rely on this without talking to your tax advisor.

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This web page is designed to help you know when to ask a question and what questions to ask. Tax laws are very "fact" specific. What would be a good tax savings plan for one person may not be good or proper for another person. Do not attempt to follow any of the above without discussing it with your Tax Advisor. Any federal tax reference contained in this communication, including attachments and enclosures, is not intended or written to be used and may not be used, for the purpose of (i) avoiding tax related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party, any tax related matters addressed herein.

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