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Non Interest Bearing Loan Agreement for the United States

Non Interest Bearing Loan Agreement Template for United States

A Non-Interest Bearing Loan Agreement is a legally binding document used in the United States that outlines the terms and conditions of a loan where no interest is charged on the principal amount. This agreement specifies the loan amount, repayment terms, and obligations of both parties while complying with federal and state lending laws, including IRS regulations regarding imputed interest. It provides legal protection for both lender and borrower by clearly documenting the loan terms and repayment expectations.

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Non Interest Bearing Loan Agreement

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What is a Non Interest Bearing Loan Agreement?

The Non Interest Bearing Loan Agreement is commonly used in family lending, charitable organizations, and certain business contexts where charging interest is not desired or permitted. This document becomes essential when parties want to formalize a zero-interest loan arrangement while ensuring compliance with U.S. tax laws and regulations, particularly IRS rules on imputed interest. The agreement helps prevent future disputes by clearly documenting the loan terms, protects both parties' interests, and can be crucial for tax purposes. It's particularly relevant in situations involving family members, related businesses, or charitable organizations operating under U.S. jurisdiction.

What sections should be included in a Non Interest Bearing Loan Agreement?

1. Parties: Identification and details of the lender and borrower

2. Background: Context of the loan and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Loan Amount: Principal amount being lent

5. Repayment Terms: Schedule and method of repayment

6. Non-Interest Provision: Explicit statement that loan bears no interest

7. Events of Default: Circumstances constituting default and consequences

8. Representations and Warranties: Standard declarations by both parties

9. Governing Law: Jurisdiction governing the agreement

What sections are optional to include in a Non Interest Bearing Loan Agreement?

1. Security: Details of any collateral when loan is secured

2. Guarantees: Third-party guarantees of repayment when guaranteed by third party

3. Tax Provisions: Handling of tax implications for loans above IRS threshold amounts

4. Assignment: Rights to assign the loan when assignment rights are needed

What schedules should be included in a Non Interest Bearing Loan Agreement?

1. Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Security Details: Detailed description of any collateral for secured loans

3. Guarantor Documents: Guarantor information and commitments when loan is guaranteed

4. Condition Precedents: List of conditions to be met before loan disbursement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Clauses

























Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardizing how costs associated with borrowing are calculated and disclosed

Dodd-Frank Act: Federal law governing financial regulation and consumer protection in financial transactions

Federal Reserve Regulation Z: Implements TILA and provides regulations for consumer credit protection

IRC Section 7872: Internal Revenue Code section governing treatment of loans with below-market interest rates and imputed interest rules

Applicable Federal Rate (AFR): Minimum interest rates set by the IRS that must be charged on loans to avoid tax complications

Gift Tax Regulations: Tax implications when loans are made below market rate, potentially being considered as gifts

State Usury Laws: State-specific laws regulating maximum interest rates and loan terms

Uniform Commercial Code: Standardized set of business laws regulating financial contracts and transactions

Statute of Frauds: Legal requirement that certain contracts, including loans above specified amounts, must be in writing

State Contract Laws: State-specific regulations governing contract formation, enforcement, and remedies

Bankruptcy Laws: Federal and state laws affecting creditor rights and loan enforcement in case of borrower bankruptcy

Documentation Requirements: State-specific requirements for loan documentation, filing, and record-keeping

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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