Loan from family member

I am borrowing some money (£18000) from a family member to pay off a debt.


In terms of tax implications, should we document this? Or can it be just shown as a gift. If we show it as a gift will I be taxed?
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Comments

  • There is no gift tax in the UK. The loan should be documented with the terms of payment, if for no other reason than to make sure the lender’s executor is aware of the loan should he die before it is repaid.

    Tax is only an issue if the lender is charging you interest.
  • xylophone
    xylophone Posts: 45,549 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is it a loan? That is, you are required to repay it?

    Set up a loan document and have both parties sign and date it. Then each party should keep a copy with his financial papers.

    It is an asset of the lender's estate and a set off against yours should you die before repayment.

    If the lender is charging interest, then he should report this to HMRC as it does not count as savings interest for the PSA.
  • xylophone wrote: »
    Is it a loan? That is, you are required to repay it?

    Set up a loan document and have both parties sign and date it. Then each party should keep a copy with his financial papers.

    It is an asset of the lender's estate and a set off against yours should you die before repayment.

    If the lender is charging interest, then he should report this to HMRC as it does not count as savings interest for the PSA.

    That's assuming they are both male!:D
  • xylophone
    xylophone Posts: 45,549 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    That's assuming they are both male!

    When I was being taught English, it was customary to use the masculine possessive adjective / pronoun when the sex of the persons concerned was unknown.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    xylophone wrote: »
    When I was being taught English, it was customary to use the masculine possessive adjective / pronoun when the sex of the persons concerned was unknown.
    that was then, this is now
  • xylophone
    xylophone Posts: 45,549 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    this is now

    Alas, I'm old and past it......:eek:
  • xylophone wrote: »
    If the lender is charging interest, then he should report this to HMRC as it does not count as savings interest for the PSA.

    Why does this interest not count as savings interest for the PSA? Haven’t come across that
  • tebthereb wrote: »
    Why does this interest not count as savings interest for the PSA? Haven’t come across that

    HMRC say the following

    Savings covered by your allowance
    Your allowance applies to interest from:

    bank and building society accounts
    savings and credit union accounts
    unit trusts, investment trusts and open-ended investment companies
    peer-to-peer lending
    trust funds
    payment protection insurance (PPI)
    Your allowance also applies to interest from:

    government or company bonds
    life annuity payments
    some life insurance contracts


    So personal loans are not included.

    https://www.gov.uk/apply-tax-free-interest-on-savings
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    akkers wrote: »
    I am borrowing some money (£18000) from a family member to pay off a debt.
    In terms of tax implications, should we document this? Or can it be just shown as a gift. If we show it as a gift will I be taxed?

    There are no tax implications. Do not put it down on any tax returns, at best it will complicate things at worst they will make a mistake and think it's income.
    As said document it privately with a signed agreement in case of death.
  • akkers
    akkers Posts: 274 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thanks folks.
    I thought any gift above £250 was taxable.
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