Should I Lend Money to Friends and Family?

Helping someone you care about through a tough financial moment is a genuinely generous impulse. But lending money to a friend or family member involves more than just your relationship — it can bring the IRS into the picture if it's not handled correctly. Here's what you need to know to do it right.

Is Lending Money to Family a Good Idea?

It can be — when it's done thoughtfully. A family loan can provide a lifeline at a lower cost than a personal loan from a bank, without the hard credit check. But without clear terms, even the most well-intentioned loan can create misunderstandings, resentment, and financial strain on both sides.

Before you agree, honestly ask yourself: if this loan were never repaid, would it damage your relationship or your own financial stability? If the answer to either is yes, it's worth reconsidering — or at least scaling back the amount.

What Does the IRS Say About Family Loans?

This is where most people get caught off guard. When you give an interest-free loan to a family member or friend — especially one over $10,000 — the IRS can treat that loan as a taxable gift. That means:

• Potential gift tax implications if the loan exceeds the annual gift tax exclusion ($18,000 per person in 2024)
• A requirement to report imputed interest income, even if you didn't actually collect any interest
• The IRS has the authority to reclassify undocumented, no-interest loans as gifts

The safest way to avoid these complications is to treat the loan like a real loan — with interest and documentation.

What Is the Applicable Federal Rate (AFR) and Why Does It Matter?

The Applicable Federal Rate (AFR) is the minimum interest rate the IRS requires for private loans to avoid the loan being reclassified as a gift. These rates are published monthly by the IRS and are typically quite low — far below what a bank would charge — so it's not a real burden on the borrower.

There are three AFR tiers based on loan length:

• Short-term AFR: For loans of three years or less
• Mid-term AFR: For loans between three and nine years
• Long-term AFR: For loans longer than nine years

You can find current AFR rates at irs.gov. Charging at or above the applicable rate keeps the loan out of gift territory and protects both parties.

What Type of Loan Structure Should You Use?

There are two main approaches:

• Demand loan: You can request repayment at any time. The interest rate floats with short-term AFR rates, which can fluctuate month to month.
• Term loan: Has a fixed repayment schedule and locks in a fixed interest rate for the life of the loan — generally the cleaner, more predictable option for everyone involved.

For most family lending situations, a term loan with a clear repayment schedule is easier to manage and less likely to create confusion.

Why You Need a Promissory Note

Even when it feels overly formal to draw up paperwork for someone you love, a promissory note protects both of you. It:

• Clarifies the terms of the loan in writing
• Demonstrates to the IRS that this is a loan — not a gift
• Prevents misunderstandings about repayment expectations
• Gives you legal recourse if the loan isn't repaid

The promissory note should include the interest rate, repayment schedule, and final maturity date. Keep records of every payment received — dates and amounts. This paper trail matters. 

How to Handle It If the Loan Isn't Repaid

This is the scenario everyone hopes to avoid — and the one worth thinking through before you lend. A few things to consider:

• Decide in advance what you'll do if payments stop. Will you forgive the loan? Bring it up? Involve other family members?
• If the loan is forgiven, any amount over the annual gift exclusion ($18,000 per person in 2024) may need to be reported as a gift.
• Defaulted family loans may be deductible as a bad debt on your taxes in some circumstances — consult a tax professional.

This article is for educational purposes and is not intended as tax or legal advice. Please consult a qualified professional for guidance specific to your situation.