What You Need To Know About Family Loans in Virginia

Intrafamily loans

Many young families have turned to their parents or others among older generations for intra-family loans. One of the great aspects of the intra-family loan is that it’s not just a good deal for the recipient; there can be estate planning benefits for the lender as well.

Properly planned and executed, a transfer of family wealth to the next generation during your lifetime can minimize taxes and ensure a smooth hand-off. Then again, sometimes you can help your loved ones now and maybe even your estate later by only making a temporary transition in the form of an intra-family loan.  The benefits of incorporating family loans into your estate plan were pointed out a short time ago in an article titled “Estate planning benefits of intra-family loans” on LifeHealthPro.com.

The benefits of making a loan are not immediately obvious because that means, by definition, the loaned assets are to be returned to the estate of the one granting the loan, plus interest. Yes, if you make a loan to a family member you still have to expect it back and charge interest at the federally mandated interest rate, the Applicable Federal Rate (or AFR) for the relevant time-frame of the loan. Otherwise, it is not a “loan,” but a “gift” and is subject to an entirely different set of rules.

You might think of it instead as a tool for “intra-family liquidity” for family members to help their loved ones rather than be at the mercy of the bank. After all, the object of the loan can be to do anything. Significant loans can allow for a significant investment, the appreciation of which need only be greater than the interest rate, and this appreciation will pass to the loved one who accepted the loan. Likewise, it could go toward a home and even generate a mortgage tax deduction.

The central caveat is, again, that there are some serious differences between a loan and a gift, to include some heady tax ramifications if not done according to Hoyle. A loan that is not a loan is a gift. Failure to treat the loan as such or to charge interest will raise red flags with the IRS.

Likewise, to forgive the debt is to effectively make a gift. This is not to be forgotten or treated lightly, but then it does lend a certain power and flexibility if it is intentionally used to re-characterize a loan as and when appropriate.

For many, this loan idea is at least a novel thought to consider. What could you and your loved ones be working toward together? You might be capable of more than you thought. Remember, it is not a strategy without some complications. However, an intra-family loan may be a powerful way to pursue family goals.

You can learn more about this topic as well as other strategies on our website under the tab entitled: estate planning in Virginia. Be sure you also sign up for our complimentary e-newsletter so that you may be informed of all the latest issues that could affect you, your loved ones and your estate planning

Reference: LifeHealthPro (February 10, 2014) “Estate planning benefits of intra-family loans


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Update to our Process

The unprecedented coronavirus pandemic has taken our entire country by surprise. We understand how difficult this time is for America’s businesses and families.  However, we believe it is vitally important that we make every effort possible to continue to offer solutions that avoid disrupting our important partnership with you, your family and friends.  As you know, estate planning is not something that should wait for a more convenient time, therefore the opportunity to address your important goals both during and after this crisis should not wait.  To that end, we have added the option of a ‘virtual consultation’ to our office process.  You will now have a choice of either meeting with us in our office or in the comfort of your own home.