borrowed $9,00.00 from a friend once a year for four consecetive years. want to give land property to him for exchange of money borrowed. want to make out a notorized letter of agreement that details the amounts of money borrowed over the four year period. would the money borrowed become taxable? if so, under what conditions would money borrowed from a friend NOT be taxable? Thank you
If you are borrowing money, then you are required to pay it back. If so, then the money is effectively a loan, and loans are not taxable income unless they are forgiven. Loans have to be documented - usually by a promissory note. The land property you are describing can be collateral (i.e., a tangible asset against which you are borrowing the money). Otherwise, the danger of giving the land in exchange for the money is that it becomes a purchase, which would make your income received in exchange taxable. Speak to your accountant about the best way to structure this, but if your goal is to pay back the money, you need to make sure the loan is documented.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on as such, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal query without a comprehensive consultation and a review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Vadim Alden is a licensed California attorney, and all answers relate to California law unless specified otherwise.
Loans do not qualify as income, regardless of the amount. The lender is required to claim a minimal interest rate and the loan must be repaid or it will eventually be treated as income. Also, if the lender can establish the loan is uncollectible, it can be written off as a bad debt and you will receive a Form 1099(c) and the unpaid loan and accrued interest will be treated as cancellation of debt income and you will be taxed unless you can prove the exceptions set firth in the IRS Code Sec. 108(b),