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Your grandson needs a car, but cannot afford the payments. As
a favor, you provide the $25,000 to purchase the car. You tell your
grandson to pay you back when he can, but there is no loan document. The
IRS sees this payment during an audit and asks where your interest income
is for this loan. Should this happen, you will quickly understand the
meaning of AFRs.
AFRs Defined
AFRs stand
for Applicable Federal Rates. They are minimum interest rates that the IRS
applies to a transaction when no rate is stated or implied. In other words,
you may have a transaction that the IRS believes has an interest
income/expense element to it, but none has been claimed by you. These
minimum interest rates are published each month by the IRS for three
different loan terms: Short-term (0 to 3 years); Mid-term (4 to 9 years);
and Long-term (over 9 years).
When does the AFR apply?
You may think
that money you gave to a friend or that car sale to your cousin with
repayment over time has no interest rate, but the IRS may see it
differently. If no interest rate is stated, the IRS will apply the
applicable AFR. This means you might be in for a tax surprise. Here are
some common examples when the AFR rates can come into play:
- Loans
to family and friends.
- Buying
anything over time. If you take possession of an item, but can pay for
it over a length of time, imputed interest is involved.
- Employee
advances. This can include giving an employee the rights of stock
ownership, but not expecting payment for the stock right away.
How to use the AFR knowledge to your advantage
- Create a loan document. Whenever
you establish a transaction that has the expectation of repayment,
write up a simple loan agreement. Not only will it clarify your
repayment expectation, it also establishes the repayment terms. Ensure
both parties sign and date the document.
- Establish a safe interest rate. Use
the AFR tables to establish an audit-safe interest rate. Remember,
AFRs are also used if the IRS believes your stated interest rate is
too low.
- Leverage gift rules. Remember,
you (and your spouse) can each gift up to $19,000 to an individual in
2025. If you stay under this threshold, you could defend your money
transfer as a non-interest bearing gift and not a loan.
- Caution with housing transactions. Banks
are asking buyers to document where they receive their money for their
down payment. If the money comes from you, it could establish a
potential implied loan document that you might need to defend. If you
plan to help with a down payment in the future, try to understand the
bank’s look-back rules for this disclosure reporting and use this
knowledge in conjunction with the IRS gift rules to avoid creating
implied interest.
Should you
wish to see the published AFR rates, they are available on the IRS website
at www.irs.gov/AFRs.
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