Intrafamily loans
Started by Trompiloco
over 17 years ago
Posts: 585
Member since: Jul 2008
Discussion about
I've heard the term and I understand what it means, but I don't know how it can be done formally. Does anyone have any experience with such loans? My plan, if it comes to fruition, would be for my mother to loan 600K for a purchase (in late 2009 or so, don't start booing) and be repaid over 30yrs at, say, 5% interest. It's a lot better than giving the interest money away to BoFA. Are there any banks or etc. that would charge you a small fee to "manage" the loan? Would she have to pay taxes on that income and then, would I be able to write it off my taxes? What if she's a 70-year old foreign widow who has never lived in the US? Thanks for any input.
Here's my understanding of the applicable rules:
If she were a U.S. citizen, the interest she collects would be fully taxable as income, and any discount below fair-market rates would, strictly speaking, be a gift from her to you.
No idea what effect her foreign-national status might have - e.g., whether you would be required to withhold taxes from the interest payments.
Can't see that you need a bank to intermediate, except perhaps as an escrow agent. There are legal forms available on-line, and mortgage math is pretty simple - Excel can calculate your monthly P&I for you. Clearly, if you're going to deduct the interest from your taxes (as you are entitled to do, even for private mortgage financing), it's helpful to have an official looking annual statement of the interest you paid. Would recommend having your attorney and accountant check everything at set-up, but paying a bank on an ongoing basis to "service" a private mortgage is going to be a big expense for very little benefit.
Check Virgin Money... they handle the forms for a fee. I don't know if it applies to non-US residents:
http://www.virginmoneyus.com/PersonalLoans/tabid/54/Default.aspx
Actually, even more relevant:
http://www.virginmoneyus.com/RealEstateLoans/FamilyMortgage/tabid/62/Default.aspx
Hey, West 81st and sashad, thanks a lot for the info!
Are you sure she would not want to give you the money and place her name on the apartment with you in joint tenancy? At her age, good estate planning and distribution? If she needed the income -- you could pay her the interest. Check out the tax deductibility for you on the interest with your acct. She will need to submit a 1099. By the way, no need for a bank. You could set up an automatic bill pay.