If a sum of money is given as a gift and not as a loan, it is exempt from inheritance tax up to $325,000. This only applies if the donor lives seven years after payment. Emotions are high if you have financially helped a family member or friend and then become insolvent. It`s very tempting to want to teach them a lesson and get tough. However, as with any form of litigation, a civil court judgment does not mean that you will receive your money. In other words, the success of executing a debt does not automatically follow, even if you have a verdict. The agreement does not provide for interest on the loan. You will find such an agreement under private loan contract (with interest). The provisions may include a fixed penalty or interest fee. Interest rates are often set so that the lender does not lose money during the term of the loan. First of all, do you think about whether you can afford to make the credit and whether your circumstances, where they change unexpectedly, would leave you with enough cash? What would be your position if the borrower cannot or does not want to repay the loan, or is actually looking for a gift and hopes not to have to repay the money? In the interest of a good family relationship, it is best to discuss the repayment terms in advance – you might then decide that it is better to offer a gift, but perhaps a lower amount.
Once you have developed the agreement, both parties should sign it in the presence of independent witnesses and keep a copy. Now you can transfer the money to the borrower – do so so that there is an indisputable record of the bank transfer, for example by direct transfer or cheque. The lender may have good reasons to make the loan that are not financial, for example, parents can lend money to their children for university or help them buy their first home. A loan contract, also known as a term loan contract or loan contract, is a document between a lender and a borrower that indicates a repayment plan. The loan agreement serves as an enforceable promise between the parties, in which the borrower must repay the lender in accordance with a payment plan. This personal loan contract should be used in the simplest situations, for example. B if a family member lends money to another or if the money is borrowed from friends or colleagues. To make sure your friend is paying you back in accordance with the agreement, he must set up a permanent order or a debit from your account to your account. While the “Mom and Dad Bank” seems to be the most popular source of credit for deposits for young people who have put themselves at the head of real estate. Be professional and treat them with respect. A successful relationship with a friend or family lender can be good evidence to put in front of a professional lender further down the sidelines.
Setting the interest rate on money lent to a parent could conflict with the values and relationships of the family, as the transaction resembles a business conclusion, just as in the case of a parent-child loan contract. But sometimes there is no choice but to borrow from a family member. Then you should think about whether the borrower can afford the credit. Will they be able to pay it back within a period of time that you are satisfied with? One of the most common defenses against a dispute over a loan to friends or family is that money was a gift and not a loan.