Loan from family member

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gerard17023

Guest
Hi everybody
I want to borrow about 20000 euro from a family member. how do i do this properly without getting them or me in trouble.Would i need to pay interest to close off loopholes. please help me
Many thanks
gerard17023

Edited by ClubMan. Please try to avoid posting in all upper case. Thanks.
 
What do you mean by getting them into trouble? And why do you think that paying interest would avoid this? If this is just a loan that you will pay back then it's up to mutual agreement to figure out what interest to apply if any. A loan should not give rise to any gift tax implications (for you). Payment of interest may give rise to income tax implications (for the lender) but, without recommending/condoning tax evasion, I'm not sure that in the normal course of events Revenue would be too bothered with this sort of arrangement unless the sums involved were particularly large.
 
Loan to Family

You're three things to think about in order of importance are:

1. Ensuring you don't fall out of it all goes Pear Shaped.

2. Finding a fair way of structuring the Loan so that both sides get Value from it. Many family Loans are interest free, but for such a large amount this wouldn't really be fair, particularly if spread over a long period, imaging the family member gets an investment opportunity in 12 months time but can't because you have their money. You need to compensate them for losing control of their money until it's paid back.

3. Tax Issues.


The solution to these is as follows in my opinion.

1. Write down what you agree, if you agree to pay x every week/month or whatever, then write that down, it doesn't have to be in legal language, just something you both agree on the meaning of.

If you offer something as collateral write that down, etc. If you have to pay a penalty for a Late or missed payment agree that.

2. In order to work out a fair way of paying interest a simple thing would be to go to some of the Bank Websites with Loan calculators, type in 20K over various periods of time to see what you'd be paying in the market and then agree with your relative how much you would be expected to pay.

I'd advise against interest free, even though financially it's a great deal for you, it can lead to resentment, especially if you miss even one payment.

3. I don't think you need worry about Tax issues, the amount of profit will be relatively small, and infact the "interest" could be treated as a gift from you to your relative and would probably fall beneath the threshold, although I might be advising you to break the law here so look into it for yourself.

Finally, since you are the borrower I'd advise you be generous in the Terms of the deal and dilligent in sticking to them. If this relative is willing to loan 20K then their friendship is certainly worth more than that, so don't muck it up.

Good luck.

-Rd
 
thank you for the input.i would appreciate some guidance in
the interest area that would be favourable to both sides. the problem i might have is this person is getting on in years and has money in bank. i propose to top up my ssia and that of my wife to max level .at the moment we contribute 150 together in total. my relative is earning almost zero in interest in bank and wants to leave us his money in the future.the return that we could make for him now would be good and the money could grow for both sides. this is not a golddigger situation.i would like to maximise my ssia and he would like to make more than he is doing.then of course there is a will scenario which could see heavy penalties. i am trying to play fair but dont want to screw anybody.i am considering3-4%
interestand pay him weekly
look forward to replys
gerard17023
 
Strictly you are not allowed borrow to fund your SSIA. However I'm not sure if this would apply in the case of a "gift" from a family member repayable with interest? If you want to make sure that your relative benefits then why not pay the going deopsit rate or a premium on top of that? See here for the best deposit rates on offer. On the other hand it's always possible that your relative might be better off putting their money elsewhere with better return prospects in which case a fair return from you would need to be established in that context. If the 3-4% return is mutually acceptable then why not just go with that?
 
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