Intrafamily mortgage loans can help
the next generation purchase a home.
Nancy and Bill Smith recently sold their Florida
business and received a large cash payment. This "liquidity event"
posed a number of financial and estate planning challenges, including
how to best transfer some of this wealth to their two children. Both
children are recently married, and looking to purchase first-time
homes, which cost in excess of $300,000 in their expensive metro area.
Nancy and Bill want and now are in a position to
help their children buy first homes, but they don't want to give them
the money outright. Even a down payment on a home would exceed the
$12,000 allowed per year before gift tax consequences must be
considered, and they also want their children to shoulder some
financial responsibility for the ownership of their home.
The solution? If Nancy and Bill sought our advice,
we would consider an often-overlooked but increasingly popular
strategy: Nancy and Bill could become intrafamily mortgage bankers,
lending their children money under preset IRS rates, which recently
have been considerably below current bank rates for a 30-year fixed
mortgage. In doing so, they can avoid many of the standard closing cost
expenses, and maintain their current wealth and cash flows. Nancy and
Bill Smith's case is a hypothetical one, but we have discussed this
strategy with some of our clients in similar positions. Many had not
previously been aware that this strategy existed, and have found it to
be an ideal solution.
The convergence of a number of factors has been
fueling the increasing popularity of intrafamily mortgages. First, many
baby boomers are entering a phase in their lives when they are coming
into large sums of cash-through sales of businesses, inheritances or
retirement windfalls. At the same time, their children continue to face
an expensive housing market in many metropolitan areas, and rising
interest rates.
In October 2005, the National Association of
Realtors' Affordability Index showed that housing affordability had
sunk to its lowest levels since 1991. In some areas, including New York
City, Los Angeles, San Diego, San Francisco and Miami, housing
affordability has dropped to levels not seen since the early to
mid-1980s, according to a Fannie Mae report.
Despite reports of a cooling housing market, the
National Association of Realtors has continued to see increased
pressure on housing prices. Its February 2006 price report for
single-family homes, which tracked prices throughout the country over
the fourth quarter, shows a record 72 metropolitan areas in the U.S.
with double-digit increases in the median price of existing
single-family homes and only six areas posting price declines. The
overall message is clear: Housing costs in the United States are
expensive, and there's no relief in sight.
At the same time, The Wall Street Journal reported
on January 16, 2006, that many of the previously attractive mortgage
vehicles have begun to lose their luster as interest rates have risen,
and mortgages of all types have been getting more expensive. The
article cites significant problems with adjustable-rate mortgages
(ARMs), hybrid ARMS, short-term ARMs, and interest-only mortgages. The
most attractive option is the tried and true fixed-rate vehicle,
according to the article.
That's exactly where intrafamily lending can offer
families substantial savings over current 30-year fixed-rate mortgages.
The IRS determined a few years ago that there's no such thing as an
interest-free family loan and established monthly interest rates for
intrafamily lending. The IRS minimum allowable rates are updated
monthly and are published online at
www.irs.gov/taxpros/lists/0,,id=98042,00.html. As of June 2006, the
long-term rate (for loans of ten or more years) was 5.32%. As of June
1, 2006, the average bank rate for a 30-year fixed mortgage was 6.67%,
according to Freddie Mac.
The amount of savings for children can be
significant. For example, a $400,000 mortgage at 6.67% would require a
payment of $2,573.16 a month. A $400,000 mortgage at the Applicable
Federal Rate for June 2006 of 5.32% would require a payment of
$2,226.19 a month. The resulting savings would be more than $346 a
month and $4,163.64 a year.
Another benefit of an intrafamily mortgage is that
the total interest expense over the life of the loan stays within the
family, rather than being paid to a bank. In addition, children with
poor or no credit history have an alternative for buying a home. An
intrafamily loan also helps eliminate many administrative costs, such
as closing and appraisal costs, and it can be easy to reset the terms
if rates decline or if the house is sold and a new home is purchased,
assuming both parents and children agree to the new terms.
However, the most important benefit is that the loan
doesn't use up the "exclusions" allowed to family members. The term
"exclusion" stands for the concept that a certain amount of lifetime
gifts (currently $1 million) should pass free of gift tax. Once the
exclusion allotted to an individual is "used up," gift taxes become
payable on any future gifts. Any unused exclusion that an individual
could have used against gift taxes can be used against estate taxes
after that individual dies.
Not For Everyone
Despite their numerous advantages, intrafamily
mortgages aren't for everyone. We have generally discouraged our
clients from using these types of loans as investment vehicles, as
there are many other more appropriate investment vehicles for families
to consider.
We have also advised against parents lending money
designated as retirement savings or emergency cash. Intrafamily loans
tie up cash for an extended period of time. As mentioned previously,
these loans generally make the most sense as an alternative to a large
cash gift that might result in gift-tax liability.
There are other risks as well. Many families are not
comfortable with the extended dependency that such an arrangement
requires. In essence, adult children remain financially tethered to
their parents for the entire duration of the loan. This can cause
considerable strain in already tense relationships, or in situations
where parents are hoping to instill more financial independence in
their children. Intrafamily loans essentially require parents to
"collect" from children each month.
In order to ensure that the IRS recognizes the
transaction, it is vital that certain formalities be honored.
Specifically, the arrangement should be reduced to writing, constitute
a secured debt and specifically provide that, upon default, the
property can be used to satisfy the debt. If these terms are violated
or if children fall behind on their payments, the IRS considers the
loan a "gift," and the gift tax limitations and liabilities discussed
previously would apply. The IRS also subjects parents to detailed
reporting requirements. They must file form 1098 with the IRS on
January 31 of each year, indicating how much interest the child paid
during the following year. This, in turn, allows the child to deduct
the interest on their federal tax returns.
There are also potentially negative consequences for
children. This type of lending arrangement does not afford the
opportunity to establish a credit rating, which can be a significant
downside if they seek to buy other property in the future and it
further tethers them to their parents. In addition, if the value of the
home drops, they might be forced to sell the home at a loss at some
point in the future. While this is a risk with any mortgage, losing
money on the sale of a home in this kind of arrangement also carries
the risk of creating strain on family relationships.
But for individuals who want to find a way to pass
on extra cash to their children and assist them in buying homes,
intrafamily loans can be a great option. While they are not for
everyone, they have the potential to offer many tax and savings
benefits that can help to make the arrangement a significant benefit
for wealthy families who choose it.
Robert S. Bridges Jr., CFA, is a
senior vice president at Fiduciary Trust International. He manages
individual and trust portfolios and is a member of the firm's
Investment Policy Committee.