Estate Planning Red Flag — You’re lending money to family members
Abstract: The simplest way to provide financial assistance to a child or other family member is to get out the checkbook and make a gift. But for those concerned about gift taxes, a loan may be preferable. Intrafamily loans must be structured and managed carefully to ensure that the IRS will treat them as bona fide loans rather than disguised gifts. This article explains that the U.S. Tax Court has identified seven factors to consider in determining whether a loan between related parties is legitimate.