FREE Family Loan Agreement [PDF, WORD] (2024)

FREE Family Loan Agreement [PDF, WORD] (1)

About “88 million Americans borrow money from their family and friends,” according to a Federal Reserve report cited by finder.com. These loans may often amount to as little as a hundred bucks up to a thousand dollars. But regardless of the amount borrowed, it is always crucial for us to secure its repayment in writing with a family loan agreement. Find out more about the importance of creating a Family Loan Agreement by reading this article. Read More

FREE Family Loan Agreement [PDF, WORD] (3)Download PDF

FREE Family Loan Agreement [PDF, WORD] (4)Download Word

What Is a Family Loan Agreement?

A family loan agreement is a set of terms and conditions that you and a family member enter concerning the payment of the money borrowed. This agreement outlines the loan’s principal amount, its maturity date, as well as other terms and conditions such as pre-payment and extension options. Although very uncommon, a family loan agreement may also impose interest rates and include a notarial seal to guarantee its repayment further.

How To Create a Family Loan Agreement

According to the same source mentioned above, almost half of family loans are left unpaid and outstanding. And with those numbers at play, you need to outline a clear set of terms and conditions to secure its repayment. For you to do that, detailed in the steps below is how you can create a family loan agreement.

1. Review Laws that Govern Loans

Like personal loans, family loans are governed and subject to federal and state laws. These laws set the limits of the lender and the borrower. It also ensures that investments are legally made by both parties as well. So, better start by checking these laws first before creating a family loan agreement with a family member.

2. Introduce the Parties of the Agreement

Much like a lease agreement, a family loan agreement starts by introducing the parties that created this agreement—The lender, the one lending the money, and the borrower, the one borrowing the money. Introducing the agreeing parties outlines their roles and responsibilities in the agreement. In turn, it solidifies the agreement’s terms and conditions as well. Since these loans are matters of the family, it’s also important to mention the parties’ relationship with one another as well.

3. State the Loan’s Principal Amount.

The loan’s principal amount is the actual amount of money borrowed and received by the borrower. It is also the object of which a loan agreement revolves around, as well. After introducing the lender and borrower, the next thing you should do is state the loan’s principal amount—in words and figures. Doing so prevents both parties from defrauding one another by knowing the exact amount of money involved in the agreement.

4. Set the Loan’s Maturity Date

The repayment of the money owed is the primary objective of a loan agreement. So aside from stating the loan’s principal amount, it is also essential to set the date of when the loan will mature or due for payment. Doing so allows the borrower to have a reasonable time to prepare the amount, as well as a routine schedule of payment. You may also set the terms and conditions of late payment here if needed, as well.

5. Sign and Seal the Agreement

Lastly, sign the family loan agreement with the borrower after agreeing with the terms and conditions for the repayment of the loan. Signing the loan agreement signifies that you and the borrower promise to pay the loan, as well as to respect each other’s rights to the contract.

Frequently Asked Questions

Why do borrowers turn to family loans?

Borrowers turn to family loans for many reasons. But, the most common and probable reason is when traditional lending institutions refuse to lend them any money. This means that they either had a bad credit reputation or creditors don’t find them trustworthy enough. For cases like these, there’s nothing wrong with creating a family loan agreement with them to protect your interests.

Who can be the parties in a family loan agreement?

Family loans are loans extended to family members and relatives who need cash. The parties in this agreement can be the lender’s direct family, such as their children, siblings, as well as relatives. Aside from those, family loans can also be extended to indirect family members such as the lender’s in-laws, as well.

Do I need to notarize a family loan agreement?

In general, loans are founded on trust that the lender has on the borrower, regardless of their relationship. The same also applies to family loans. Notarizing a family loan agreement isn’t always necessary. However, you can always opt to do so if you find the need to add an extra layer of protection.

Should I impose an interest rate on a family loan?

Although family loans often don’t bear interest, you can, however, do so if you need to. And if you do choose to put an interest on top of the principal amount, make sure to check your laws governing loans and interest rates first.

How much money can I lend in a family loan agreement?

There is no limit on the amount that you can lend to your family members. However, according to the IRS annual gift threshold, an interest-free loan should be no more than $14,000, and anything beyond that will incur tax liabilities.

Family is some of the few places where one could instantly find help. And likewise, it is also one of many people whose kindness is too susceptible to abuse. Loaning money can be of great help to family members who are in the shoes of neediness. Yet despite them being connected to us by blood or by affinity, there’s nothing wrong in having an extra measure of protection by creating a family loan agreement between them.

FREE Family Loan Agreement [PDF, WORD] (2024)

FAQs

How to write a loan agreement between family members? ›

How to make a family loan agreement
  1. The amount borrowed and how it will be used.
  2. Repayment terms, including payment amounts, frequency and when the loan will be repaid in full.
  3. The loan's interest rate. ...
  4. If the loan can be repaid early without penalty, and how much interest will be saved by early repayment.
Dec 14, 2023

How to create a simple loan agreement? ›

Include key terms of the loan, such as the lender and borrower's contact information, the reason for the loan, what is being loaned, the interest rate, the repayment plan, what would happen if the borrower can't make the payments, and more. The amount of the loan, also known as the principal amount.

Can you make an interest free loan to a family member? ›

If you lend the money at no interest, the IRS can consider the loan a gift, making you liable for gift taxes. The repayment schedule that the borrower must follow. State whether you'll require periodic payments, a balloon payment or some combination.

How much can you loan a family member tax free? ›

You don't have to worry about family loans being subject to tax consequences if: You lend a child $10,000 or less, and the child does not use the money for investments, such as stocks or bonds.

What is the $100,000 loophole for family loans? ›

Important: A tax-law loophole is available if all outstanding loans between you and the borrower (with below-market interest or otherwise) add up to $100,000 or less. This loophole involves imputed gifts and imputed interest income with somewhat more favorable tax results.

Does the IRS require interest on family loans? ›

The IRS mandates that any loan between family members be made with a signed written agreement, a fixed repayment schedule, and a minimum interest rate. (The IRS publishes Applicable Federal Rates (AFRs) monthly.)

What is the best way to lend money to a family member? ›

The Do's for Lending to Friends and Family
  1. Lend Money Only to People You Trust.
  2. Limit Loans to What You Can Afford.
  3. Get It in Writing.
  4. Don't Lend More Than You Can Afford.
  5. Don't Let Guilt Drive Your Decision.
  6. Don't Lend Someone Your Credit.

Do I need to issue a 1099 for a family loan? ›

The lender also must file IRS form 1099, which states how much interest they received on the loan, and report that amount on their tax return. This is an essential step in the loan process, as there are severe tax consequences if any of these steps are missed.

What is the minimum interest rate for a family loan? ›

2.72% for “short-term” loans of three years or less. 3.03% for “mid-term” loans of more than three years but no more than nine years. 3.26% for “long-term” loans more than nine years.

How do you prove money is a loan and not a gift? ›

When money is transferred with the expectation of repayment, it's a loan. In this case, the person who loans the money can expect to be repaid (typically in interest payments), and they actually enforce the debt. And, it usually involves a formal agreement signed by all parties.

What is the difference between a gift and a loan? ›

In the simplest terms, you expect to be paid back for a loan, while a gift bears no such expectation. You may give a child money for a car or tuition with the vague idea that one day they'll repay you, but in finance-speak, that's a gift.

Is a family loan agreement legally binding? ›

A personal loan contract is a legally binding document regardless of whether the lender is a financial institution or another person. The consequences are the same if you default on the contract.

How do I arrange a loan between family members? ›

What to include in the family loan agreement. The family loan agreement should include details such as a time frame for when the sum is expected to be paid back by, any interest (if applicable) and any consequences for missed payments – you may choose to set a fixed penalty or an interest charge for example.

How to write a promissory note for a family member? ›

To be thorough, a promissory note should include a core group of details:
  1. Total amount of money being loaned.
  2. Date of the loan.
  3. How the loan was delivered (cash, check, direct deposit)
  4. The name and address of the person loaning the money.
  5. The name and address of the person borrowing the money.

How to write a contract between families? ›

Guidelines for creating a family contract
  1. Your family contract will be most effective if you write it together.
  2. Keep your contract simple. Consider including the following elements: Date of agreement. ...
  3. Follow through with the consequences of the contract.
  4. Keep a business like approach to the contracting process.

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