2026 Tax Season Guide for Family Loans: IRS Forms & Documentation
Tax season is here, and if you have a family loan—whether you're the lender or borrower—you have specific IRS reporting obligations that must be met by April 15, 2026. Missing these requirements can result in penalties, interest charges, and potential audits.
This comprehensive guide walks you through everything you need to prepare and file your 2026 family loan taxes correctly. We'll cover which forms you need, how to complete them, important deadlines, and common mistakes to avoid. By the end, you'll have a clear action plan for tax season success.
2026 Tax Season Overview for Family Loans
The 2026 tax year brings updated rates and requirements that affect family loans. Here's what's new and what you need to know:
What's Changed for 2026
Updated AFR Rates: The IRS has published new Applicable Federal Rates for 2026, which affect minimum interest requirements for family loans. January 2026 rates range from 3.63% to 4.63% depending on loan term.
Gift Tax Exclusion: The annual gift tax exclusion remains at $19,000 per person for 2026 (unchanged from 2025), while the lifetime exemption has increased to $15,000,000 per person (up from $13,990,000 in 2025).
Form Updates: The IRS has released updated versions of key forms for the 2026 tax year, including Form 1099-INT and Form 709. Always use the current year's forms.
Who Needs to File What
Lenders must:
- Report all interest income received (regardless of amount)
- Issue Form 1099-INT if interest received exceeds $600
- File Form 709 if gifts (including foregone interest) exceed $19,000
Borrowers must:
- Determine if interest paid is deductible
- Report any forgiven loan amounts as income
- Maintain documentation for potential deductions
Why Tax Season Preparation Matters
Proper preparation ensures:
- Compliance: Avoid penalties and interest charges
- Accuracy: Prevent calculation errors that trigger audits
- Optimization: Maximize legitimate deductions and exclusions
- Peace of mind: Complete your filing with confidence
Let's dive into the specifics of preparing your family loan taxes for 2026.
Quick Reference: 2026 AFR Rates
The Applicable Federal Rate (AFR) is the minimum interest rate the IRS allows for family loans. Using rates below the AFR triggers "imputed interest" rules with tax consequences.
Current AFR Rates (January 2026)
According to IRS Revenue Ruling 2026-2:
| Loan Term | Annual Rate | Semi-Annual | Quarterly | Monthly |
|---|---|---|---|---|
| Short-term (≤3 years) | 3.63% | 3.60% | 3.59% | 3.58% |
| Mid-term (3-9 years) | 3.81% | 3.78% | 3.77% | 3.75% |
| Long-term (>9 years) | 4.63% | 4.58% | 4.56% | 4.54% |
How to Use AFR Rates
For New Loans: Use the AFR from the month your loan begins. Once set, this rate typically stays with the loan for its entire term.
For Existing Loans: If your loan was established with a fixed rate at or above the AFR when created, you don't need to adjust it based on current rates.
For Below-AFR Loans: If you're charging less than the AFR, you'll need to calculate imputed interest for tax reporting. The difference between what you charged and the AFR is treated as:
- Interest income to the lender (taxable)
- A gift from lender to borrower (potentially subject to gift tax)
AFR Rate Trends
AFR rates have been relatively stable in early 2026 compared to the volatility of 2023-2024. This stability makes it an excellent time to establish new family loans with predictable tax implications.
For the most current AFR rates, always check the IRS website or consult with a tax professional.
Your Complete Tax Season Checklist
Use this comprehensive checklist to ensure you've covered all family loan tax requirements for 2026.
For Lenders
By January 31, 2026:
- Calculate total interest received in 2025
- Prepare Form 1099-INT if interest received ≥ $600
- Issue Form 1099-INT to borrower (if required)
- File Copy A of Form 1099-INT with IRS (if required)
- Gather all payment records from 2025
By April 15, 2026:
- Report all interest income on Schedule B (if over $1,500)
- Report interest income on Form 1040
- Calculate any imputed interest from below-AFR loans
- File Form 709 if gifts exceeded $19,000 annual exclusion
- Document interest gifting transactions (if applicable)
Throughout the Year:
- Maintain detailed payment records
- Track cumulative gifts for annual exclusion monitoring
- Update loan documentation for any modifications
- Keep copies of all tax forms filed
For Borrowers
By January 31, 2026:
- Gather all payment records from 2025
- Calculate total interest paid in 2025
- Determine if loan qualifies for interest deduction
- Collect documentation for secured loans (mortgage/deed)
By April 15, 2026:
- Claim mortgage interest deduction on Schedule A (if applicable)
- Report any forgiven loan amounts as income
- File business interest deduction (if loan was for business)
- Maintain records supporting any claimed deductions
Throughout the Year:
- Keep proof of all payments made
- Document loan purpose (especially for deductible interest)
- Maintain security documents (for mortgage interest deduction)
- Track any loan modifications or forgiveness
For Both Parties
- Review loan agreement for accuracy
- Verify payment records match between parties
- Confirm interest calculations are correct
- Ensure proper documentation exists
- Consider using Family Loan Tracker for automated record-keeping
IRS Forms Deep Dive
Understanding which forms you need and how to complete them is crucial for tax compliance. Here's a detailed look at the three primary forms for family loans.
Form 1099-INT: Interest Income
Who Files: Lenders who received $600 or more in interest payments during 2025.
When to File:
- Copy B to borrower: By January 31, 2026
- Copy A to IRS: By February 28, 2026 (paper) or March 31, 2026 (electronic)
How to Complete:
Box 1 - Interest Income: Enter the total interest received during 2025. This is the actual interest paid, not the principal amount.
Box 2 - Early Withdrawal Penalty: Leave blank (not applicable for family loans).
Box 3 - Interest on U.S. Savings Bonds: Leave blank.
Box 4 - Federal Income Tax Withheld: Leave blank (family loans don't require withholding).
Payer Information: Your name, address, and Social Security Number or EIN.
Recipient Information: Borrower's name, address, and Social Security Number.
Common Mistakes:
- Reporting principal payments as interest
- Using incorrect tax year
- Failing to file when interest exceeds $600
- Incorrect borrower identification information
Where to Get the Form: Download from IRS.gov or use tax preparation software.
Schedule B: Interest and Ordinary Dividends
Who Files: Anyone reporting more than $1,500 in interest income (including from family loans).
When to File: Attach to Form 1040 by April 15, 2026.
How to Complete:
Part I - Interest:
Line 1: List each source of interest income. For family loans, write "Family loan to [Borrower Name]" and the amount.
Line 2: Add all interest amounts and enter the total.
Line 3: Enter any excludable interest (usually none for family loans).
Line 4: Subtract line 3 from line 2. This is your taxable interest, which transfers to Form 1040.
Part III - Foreign Accounts: Answer "Yes" if you had foreign accounts with aggregate value over $10,000 at any time during the year. This could apply if you loaned money to family members abroad.
Key Points:
- Report ALL interest, even if you didn't receive a 1099-INT
- Interest from family loans is taxed as ordinary income
- Keep supporting documentation for all reported amounts
Form 709: Gift Tax Return
Who Files: Anyone who made gifts exceeding $19,000 to any individual in 2025, including:
- Foregone interest from below-AFR loans
- Interest gifted back to borrowers
- Forgiven loan principal
- Combined gifts from multiple sources
When to File: April 15, 2026 (same as income tax deadline).
How to Complete:
Part 1 - General Information:
- Your identifying information
- Donor information
- Calendar year 2025
Part 2 - Gifts Subject to Both Gift Tax and GST Tax:
Schedule A - Computation of Taxable Gifts:
For each recipient who received gifts over $19,000:
- Item number: Sequential numbering
- Donee's name and address: Borrower's information
- Description of gift: "Foregone interest on family loan" or "Interest gifted back to borrower"
- Date of gift: Use December 31, 2025 for annual calculations
- Value: Amount of foregone interest or gifted interest
Part 3 - Tax Computation:
- Most filers won't owe actual tax due to the $15,000,000 lifetime exemption
- The form tracks gifts against your lifetime exemption
Important Notes:
- Filing is required even if no tax is owed
- Failure to file can result in penalties
- Married couples can split gifts (effectively doubling the exclusion)
Gift Splitting: If married, you and your spouse can elect to split gifts, allowing up to $38,000 per recipient without filing Form 709. Both spouses must consent and file if splitting.
Step-by-Step: Filing Your Family Loan Taxes
Follow these detailed steps to ensure accurate and complete tax filing for your family loans.
Step 1: Gather All Documentation (January 1-15)
Collect:
- Loan agreement with terms and conditions
- Complete payment history for 2025
- Beginning and ending loan balances
- Interest calculation worksheets
- Gift documentation (if applicable)
- Previous year's tax returns
- Any loan modification documents
Verify:
- Payment dates and amounts match between parties
- Interest calculations are accurate
- All payments are properly allocated (principal vs. interest)
- Documentation is complete and organized
Tip: Family Loan Tracker automatically maintains all these records and can generate tax-ready reports with one click.
Step 2: Calculate Interest Amounts (January 15-25)
For Lenders:
- Total Interest Received: Add all interest payments received in 2025
- Imputed Interest (if applicable): Calculate foregone interest if you charged below AFR
- Total Taxable Interest: Actual interest + imputed interest
- Gifted Interest: Track any interest you gifted back to borrower
For Borrowers:
- Total Interest Paid: Add all interest payments made in 2025
- Deductible Interest: Determine if any qualifies for deduction
- Mortgage interest (if loan secured by home)
- Business interest (if loan used for business)
- Investment interest (subject to limitations)
- Non-deductible Interest: Personal loan interest (most family loans)
Verification: Both parties should compare calculations to ensure agreement.
Step 3: Prepare Form 1099-INT (January 20-31)
If you're a lender who received $600+ in interest:
- Download Form 1099-INT from IRS.gov
- Complete all required fields (see detailed instructions above)
- Provide Copy B to borrower by January 31
- File Copy A with IRS by February 28 (paper) or March 31 (electronic)
- Keep Copy C for your records
Electronic Filing: If filing 250 or more 1099 forms, electronic filing is required. For family loans, this rarely applies.
Step 4: Complete Your Tax Return (February-April)
For Lenders:
- Report Interest Income:
- If over $1,500: Complete Schedule B, Part I
- Transfer total to Form 1040, Line 2b
- Report Imputed Interest:
- Include in interest income calculation
- Document the calculation for your records
- File Form 709 (if needed):
- If gifts exceeded $19,000 to any individual
- Include foregone interest and gifted-back interest
- File by April 15, 2026
For Borrowers:
- Claim Deductions (if applicable):
- Mortgage interest: Schedule A, Line 8
- Business interest: Schedule C or appropriate business form
- Investment interest: Form 4952
- Report Forgiven Debt:
- Include on Form 1040 as "Other Income"
- Exceptions may apply for insolvency
- Maintain Documentation:
- Keep proof of deductible interest claims
- Retain security documents for mortgage interest
Step 5: File and Pay (by April 15, 2026)
Filing Options:
- E-file: Fastest, most secure, with immediate confirmation
- Tax Software: TurboTax, H&R Block, etc. (supports all family loan forms)
- Tax Professional: Recommended for complex situations
- Paper Filing: Slowest option, higher error rate
Payment Options:
- Direct debit from bank account
- Credit/debit card (fees apply)
- Check or money order
- IRS payment plan (if needed)
Confirmation:
- Save confirmation numbers
- Keep copies of all filed forms
- Note filing date for records
Step 6: Organize Records for Next Year
Immediately After Filing:
- File all tax documents in secure location
- Update loan tracking system
- Note any issues for next year's improvement
- Set calendar reminders for 2027 tax season
Throughout 2026:
- Continue tracking all payments
- Monitor gift amounts against annual exclusion
- Update documentation for any loan changes
- Prepare for next tax season
Critical Deadlines for 2026 Tax Year
Missing tax deadlines can result in penalties and interest. Mark these dates on your calendar:
January 2026
January 31, 2026 - Form 1099-INT Deadline
- Lenders must provide Copy B to borrowers
- Applies if interest received ≥ $600 in 2025
- Penalty for late filing: $50-$290 per form
February 2026
February 28, 2026 - Paper 1099-INT Filing
- Deadline to file Copy A with IRS (paper filing)
- Most family lenders file electronically for later deadline
March 2026
March 31, 2026 - Electronic 1099-INT Filing
- Deadline to file Copy A with IRS (electronic filing)
- Recommended method for faster processing
April 2026
April 15, 2026 - Tax Return Deadline
- Form 1040 with Schedule B (if applicable)
- Form 709 (Gift Tax Return, if applicable)
- Payment of any taxes owed
- Penalty for late filing: 5% per month of unpaid taxes
- Penalty for late payment: 0.5% per month of unpaid taxes
April 15, 2026 - Extension Deadline
- File Form 4868 for automatic 6-month extension
- Extends filing deadline to October 15, 2026
- Important: Extension to file is NOT an extension to pay
October 2026
October 15, 2026 - Extended Filing Deadline
- Final deadline if you filed for extension
- All taxes must have been paid by April 15 to avoid penalties
Year-Round Deadlines
Quarterly Estimated Tax Payments (if applicable):
- April 15, 2026
- June 16, 2026
- September 15, 2026
- January 15, 2027
These apply if you have significant interest income and insufficient withholding.
Setting Up Reminders
Recommended Reminder Schedule:
- December 15: Begin gathering documentation
- January 15: Complete interest calculations
- January 25: Prepare Form 1099-INT
- March 1: Begin tax return preparation
- April 1: Final review before filing
- April 10: File taxes (5-day buffer before deadline)
Family Loan Tracker can send automatic reminders for tax season preparation and important deadlines.
Common Tax Season Mistakes to Avoid
Learn from others' errors and sidestep these frequent family loan tax mistakes:
1. Not Reporting "Small" Interest Amounts
Mistake: Thinking interest under $600 doesn't need to be reported.
Reality: ALL interest income must be reported, regardless of amount. The $600 threshold only determines whether you must issue a 1099-INT, not whether income is taxable.
Consequence: Underreported income can trigger audits and penalties.
Solution: Report every dollar of interest received on your tax return.
2. Confusing Principal and Interest
Mistake: Reporting principal payments as interest income, or vice versa.
Reality: Only the interest portion of payments is taxable income. Principal repayment is not income.
Consequence: Overpaying taxes or underreporting income.
Solution: Use an amortization schedule to properly allocate each payment. Family Loan Tracker does this automatically.
3. Missing the 1099-INT Deadline
Mistake: Issuing Form 1099-INT late or not at all when required.
Reality: Forms must be provided to recipients by January 31 and filed with the IRS by February 28 (paper) or March 31 (electronic).
Consequence: Penalties of $50-$290 per form, depending on how late.
Solution: Prepare forms in early January and file electronically for the later deadline.
4. Claiming Invalid Interest Deductions
Mistake: Borrowers deducting family loan interest without proper documentation.
Reality: Personal loan interest is NOT deductible. Only mortgage interest (with recorded security) or business interest qualifies.
Consequence: Disallowed deductions, penalties, and potential audit.
Solution: Only claim deductions if you have proper legal documentation (recorded mortgage or business use).
5. Ignoring Imputed Interest
Mistake: Charging below-AFR interest and not reporting imputed interest.
Reality: The IRS treats foregone interest as if you received it (taxable income) and then gifted it back (potential gift tax).
Consequence: Underreported income and potential gift tax issues.
Solution: Either charge at least the AFR or properly calculate and report imputed interest.
6. Not Filing Form 709 When Required
Mistake: Assuming no gift tax return is needed because no tax is owed.
Reality: Form 709 must be filed if gifts exceed $19,000, even if no tax is due (thanks to the lifetime exemption).
Consequence: Penalties and potential loss of gift tax benefits.
Solution: File Form 709 whenever gifts exceed the annual exclusion, including foregone interest.
7. Poor Record Keeping
Mistake: Relying on memory or incomplete records for tax preparation.
Reality: The IRS requires documentation to support all reported amounts.
Consequence: Inability to prove deductions or income amounts during an audit.
Solution: Maintain detailed records of every payment, with dates, amounts, and principal/interest allocation.
8. Using Outdated Forms
Mistake: Filing with previous year's tax forms.
Reality: The IRS updates forms annually, and using old versions can cause processing delays or rejections.
Consequence: Delayed processing, potential penalties.
Solution: Always download current-year forms from IRS.gov or use updated tax software.
9. Inconsistent Reporting Between Parties
Mistake: Lender and borrower reporting different interest amounts.
Reality: The IRS can cross-reference returns and will notice discrepancies.
Consequence: Audits for one or both parties.
Solution: Both parties should verify calculations match before filing.
10. Forgetting State Tax Requirements
Mistake: Only considering federal taxes and ignoring state requirements.
Reality: Most states also tax interest income and may have additional reporting requirements.
Consequence: State tax penalties and interest.
Solution: Research your state's requirements or consult a tax professional.
Tax Documentation Checklist
Ensure you have all necessary documentation before filing. Use this checklist to verify completeness:
Essential Documents for All Filers
- Loan Agreement: Original signed agreement with all terms
- Payment Records: Complete history of all 2025 payments
- Amortization Schedule: Showing principal/interest breakdown
- Beginning Balance: Loan balance on January 1, 2025
- Ending Balance: Loan balance on December 31, 2025
- Interest Calculation: Detailed calculation methodology
- Previous Tax Returns: 2024 returns for reference
Additional Documents for Lenders
- Form 1099-INT: Copies of all issued forms
- Schedule B Worksheet: Interest income calculations
- Imputed Interest Calculation: If charging below AFR
- Gift Documentation: Records of interest gifted back
- Form 709 (if applicable): Gift tax return and supporting docs
Additional Documents for Borrowers
- Form 1099-INT Received: From lender (if applicable)
- Mortgage Documents: Recorded deed/mortgage (for deduction)
- Business Documentation: Proof of business use (if applicable)
- Payment Proof: Bank statements, cancelled checks, wire confirmations
- Loan Modification Documents: Any changes made during 2025
Supporting Documentation
- Bank Statements: Showing all loan-related transactions
- Wire Transfer Confirmations: For electronic payments
- Email Correspondence: Regarding loan terms or payments
- Loan Modification Agreements: Any changes to original terms
- Forgiveness Documentation: If any portion was forgiven
Digital Organization Tips
Create a Tax Folder Structure:
2026 Tax Season/
├── Loan Agreement/
├── Payment Records/
├── IRS Forms/
│ ├── 1099-INT/
│ ├── Schedule B/
│ └── Form 709/
├── Supporting Documents/
└── Filed Returns/
Backup Strategy:
- Keep digital copies in cloud storage
- Maintain physical copies of signed documents
- Store for at least 7 years
- Encrypt sensitive financial information
Family Loan Tracker Advantage: All documentation is automatically organized, timestamped, and exportable for tax preparation.
How Family Loan Tracker Simplifies Tax Season
Tax season doesn't have to be stressful. Here's how Family Loan Tracker automates the entire process:
Automatic Interest Calculations
- Precise Calculations: Bank-grade accuracy for all interest computations
- Proper Allocation: Every payment automatically split between principal and interest
- Amortization Schedule: Complete schedule generated automatically
- Extra Payment Handling: Recalculates when extra payments are made
- AFR Compliance: Built-in awareness of current AFR rates
One-Click Tax Reports
Generate all necessary tax documentation instantly:
- Annual Interest Summary: Total interest paid/received for the year
- Payment History Report: Complete record of all transactions
- 1099-INT Information: All data needed to complete the form
- Gift Tracking Report: Interest gifting amounts and cumulative totals
- Schedule B Worksheet: Ready-to-file interest income summary
Interest Gifting Automation
The interest gifting feature handles complex calculations automatically:
- Set Once: Configure gifting percentage when creating the loan
- Automatic Tracking: Both interest received and gifted amounts
- Annual Exclusion Monitoring: Alerts when approaching $19,000 limit
- Multi-Year History: Track cumulative gifts across years
- Documentation: Complete records for Form 709 preparation
Perfect Record Keeping
Never worry about missing documentation:
- Every Transaction Recorded: Automatic logging of all payments
- Timestamped Records: Exact date and time of each transaction
- Shared Access: Both parties see identical records
- Audit Trail: Complete history that satisfies IRS requirements
- 7-Year Retention: All records maintained for required period
Tax Season Reminders
Stay ahead of deadlines:
- December Reminder: Begin gathering documentation
- January Alert: 1099-INT preparation deadline approaching
- March Notification: Tax filing deadline reminder
- Custom Alerts: Set your own reminder schedule
Export Capabilities
Get your data in the format you need:
- PDF Reports: Professional documentation for filing
- CSV Export: Import into tax software
- Print-Ready Formats: For paper filing or records
- Email Delivery: Send reports directly to your accountant
Multi-Party Transparency
Eliminate discrepancies before filing:
- Shared Dashboard: Both lender and borrower see same data
- Real-Time Updates: Changes visible immediately to both parties
- Payment Confirmation: Both parties notified of transactions
- Dispute Prevention: Agreement on amounts before tax season
Integration with Tax Software
Seamlessly work with popular tax preparation tools:
- TurboTax Compatible: Export data in compatible format
- H&R Block Ready: Formatted for easy import
- Accountant-Friendly: Professional reports your CPA can use
- IRS-Compliant: All calculations follow IRS guidelines
Cost Savings
Consider the value:
- Time Saved: Hours of manual calculation eliminated
- Error Prevention: Avoid costly mistakes and penalties
- Professional Fees: Reduce accountant time needed
- Audit Protection: Complete documentation if questioned
- Peace of Mind: Confidence in accuracy and compliance
Get Started: Sign up for Family Loan Tracker and make this your easiest tax season ever. Your 14-day free trial includes full access to all tax preparation features.
Conclusion
Tax season for family loans doesn't have to be overwhelming. With proper preparation, the right documentation, and clear understanding of requirements, you can file accurately and confidently.
Key Takeaways:
- Start Early: Begin gathering documentation in December, not April
- Know Your Forms: Understand which forms apply to your situation
- Meet Deadlines: Mark critical dates and set reminders
- Maintain Records: Keep detailed documentation year-round
- Avoid Common Mistakes: Learn from others' errors
- Use Technology: Automate calculations and record-keeping
- Seek Help When Needed: Consult professionals for complex situations
The 2026 tax year brings updated rates and requirements, but the fundamental principles remain: charge appropriate interest, maintain excellent records, report all income, and file required forms on time.
Whether you're a lender reporting interest income or a borrower claiming deductions, following this guide ensures you'll meet all IRS requirements while optimizing your tax situation.
Ready to simplify your family loan taxes? Create your free Family Loan Tracker account today and let automation handle the complexity while you focus on what matters—supporting your family.
For comprehensive background on family loan tax rules, see our Complete Family Loan Tax Guide. To create a tax-compliant loan agreement, use our free loan agreement generator.
FAQ
What is the deadline for issuing Form 1099-INT for family loans?
Lenders must provide Copy B of Form 1099-INT to borrowers by January 31, 2026, and file Copy A with the IRS by February 28, 2026 (paper filing) or March 31, 2026 (electronic filing). This applies if you received $600 or more in interest during 2025. Even if you don't issue a 1099-INT, you must still report all interest income on your tax return.
Do I need to report family loan interest under $600?
Yes, absolutely. ALL interest income must be reported on your tax return, regardless of amount. The $600 threshold only determines whether you must issue a Form 1099-INT to the borrower, not whether the income is taxable. Report all interest received on Schedule B (if over $1,500 total interest) or directly on Form 1040.
Can I deduct interest I paid on a family loan?
Generally, no. Personal loan interest is not tax-deductible. However, exceptions exist: (1) If the loan is secured by your home with a recorded mortgage or deed of trust, you may deduct it as mortgage interest on Schedule A; (2) If the loan was used for business purposes, you may deduct it as a business expense; (3) If used for investments, it may qualify as investment interest (subject to limitations). Proper documentation is essential for any deduction.
What happens if I miss the April 15 tax deadline?
Missing the April 15, 2026 deadline triggers penalties: (1) Failure to file penalty: 5% of unpaid taxes per month, up to 25%; (2) Failure to pay penalty: 0.5% of unpaid taxes per month; (3) Interest on unpaid taxes from the due date. You can file Form 4868 for an automatic 6-month extension to October 15, but this only extends the filing deadline, not the payment deadline. Any taxes owed must still be paid by April 15 to avoid penalties.
How do I calculate imputed interest for a below-AFR loan?
Imputed interest is the difference between the AFR and the rate you actually charged, applied to the loan balance. For example, if you charged 2% on a $100,000 loan when the AFR was 4.63%, the imputed interest is 2.63% × $100,000 = $2,630 annually. This amount is treated as: (1) taxable interest income to you, and (2) a gift from you to the borrower (counting toward the $19,000 annual gift exclusion). Family Loan Tracker automatically calculates imputed interest for below-AFR loans.
When do I need to file Form 709 (Gift Tax Return)?
File Form 709 by April 15, 2026 if you made gifts exceeding $19,000 to any individual during 2025. This includes: (1) foregone interest from below-AFR loans, (2) interest you gifted back to the borrower, (3) forgiven loan principal, or (4) any combination of gifts to the same person. Even if you owe no gift tax (due to the $15,000,000 lifetime exemption), you must still file the form to properly document the gift.
What AFR rate should I use for a loan that started mid-year?
Use the AFR from the month your loan begins. For example, if you established a 10-year family loan in June 2025, use the June 2025 long-term AFR rate. Once set, this rate typically remains fixed for the loan's duration. Check the IRS website for historical AFR rates, or consult the monthly Revenue Rulings published at https://www.irs.gov/applicable-federal-rates.
Can both the lender and borrower claim the same interest?
No, this is a common mistake that triggers IRS scrutiny. The lender reports interest as income, while the borrower can only deduct it if specific requirements are met (secured mortgage or business use). Both parties should verify their calculations match before filing. If the lender reports $5,000 in interest income, the borrower's records should show $5,000 in interest paid. Discrepancies can trigger audits for both parties.
How long should I keep family loan tax records?
Keep all family loan tax records for at least 7 years from the filing date. This includes: loan agreements, payment records, tax forms (1099-INT, Schedule B, Form 709), interest calculations, and supporting documentation. The IRS generally has 3 years to audit returns, but 6 years if income is substantially underreported, and indefinitely if fraud is suspected. Digital storage with cloud backup is recommended for long-term retention.
What if my state has different tax rules for family loans?
Most states follow federal tax treatment for interest income, but some have additional requirements or different rules. Check your state's department of revenue website or consult a local tax professional. Key areas where states may differ: (1) interest income tax rates, (2) gift tax (though most states don't have separate gift tax), (3) documentation requirements, and (4) deduction rules. Always file both federal and state returns with consistent information.



