I will be purchasing land from a relative on a Contract for Deed. We want to make the transaction legal and documented. They are not concerned about the interest. What is the minimum interest rate they can charge on a Contract for Deed in Illinois?
General Practice Lawyer
Even between relatives, a contract for deed would be best handled by a qualified real estate attorney. Concerning interest, as I understand, the issue is not any statutory requirement with the state, but that the IRS will impute an interest rate and income will need to be reported each year regardless whether the contract provides for it. You should discuss this aspect with either your attorney or your tax professional.
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Landlord / Tenant Lawyer
There is no minimum interest rate imposed by Illinois law. However, if the interest charged is less than the applicable federal rate published monthly bthe Internal Revenue Service (IRS), the IRS can consider part of each payment to be interest rather than payment of principal on the land purchase.
Please note this answer to your question is general in nature only and does not constitute the rendering of legal advice, as by the nature of AVVO’s question and answer format, the question must be answered without full information as to your personal situation. You should further note that our answering this general question does not result in the establishment of any attorney-client relationship. You should take the time to consult with an attorney who can give you specific legal advice, after the opportunity to learn all of the facts about your current situation.
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