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Thomas McJD
Thomas McJD, Attorney
Category: Legal
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Experience:  Legal Expert
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Could my parents give me land in the form of a family loan

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Could my parents give me land in the form of a family loan that has an interest rate equal to the IRS approved federal rate (to avoid tax complications). If so, can I then take out a construction loan to build a new home on the land?

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Sure, the interest rate does need to be at the federal minimum so it is not construed as a gift with attendant gift tax consequences. Even though that loan wouldn't show up on your credit report, it would still need to be disclosed on your construction loan application so they can properly determine LTV in loaning you money to build a home.

TMcJD :

Please let me know if I can provide additional assistance. If not, I would be grateful if you could please leave me a positive rating. I cannot receive credit for my work without your positive rating and that is the sole means of compensation for JustAnswer experts. Thanks.

Customer:

Since it is my family selling the property to me do they have to sell it at exact FMV. That is, if they sell it to me for less than FMV will they be hit with gift taxes?\

TMcJD :

No, they can sell for any price but to the extent the "sale" price is below FMV you are receiving a gift. So it would be part gift and part purchase

Customer:

Okay, thank you. I will rate as excellent.

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