By The Chipkie Team, Personal Finance Editorial Team
Some families lend money between generations to fund investments. Whether it is a parent advancing £20,000 so an adult child can open a stocks and shares ISA, or a sibling funding a buy-to-let deposit, a family loan to invest sits in an awkward space: part act of generosity, part financial transaction, and entirely capable of ending a relationship if it goes wrong.
Check the current interest, tax and mortgage requirements before agreeing an investment loan. The arrangement needs to reflect the actual parties, purpose and source of funds.
Key Takeaways
- Unless the written agreement says otherwise, the borrower bears 100% of any investment loss and still owes the full loan — the lender’s claim is against the person, not the portfolio.
- Interest arising on a family loan can be taxable savings income. The lender should check applicable allowances and reporting requirements; the borrower should obtain advice about any deduction for the actual use of the funds.
- In England and Wales, the Limitation Act 1980 generally provides six years for a simple contract claim and twelve years for a claim on a deed, subject to the Act’s conditions and exceptions. Scotland and Northern Ireland have different rules; obtain advice on the applicable law and when time starts running.
- If the invested money is a borrowed deposit for a mortgaged property, you must disclose it to the lender. Signing a gifted deposit letter for money that is really a loan is mortgage fraud.
- If the lender takes a share of the profits rather than interest, you may have accidentally created a partnership — with joint and several liability for its debts.
What exactly is a family loan to invest, and how is it different from a gift?
It is money advanced by a relative that must be repaid, used by the borrower to buy an asset such as shares, funds, or property. A gift carries no repayment obligation and leaves the giver’s estate. A loan remains an asset of the lender and stays inside their estate for inheritance tax purposes, which is the single most commonly misunderstood difference.
| Feature | Gift | Loan | Equity stake |
|---|---|---|---|
| Repayment | None | Full, per schedule | None — share of value |
| Who bears investment loss | Recipient | Borrower, in full | Shared proportionally |
| Inheritance tax position | Potentially exempt transfer; seven-year rule applies | Outstanding balance stays in lender’s estate | Value of stake in lender’s estate |
| Tax on returns | Recipient taxed | Lender taxed on interest | Both taxed on their share |
According to HM Revenue & Customs, the inheritance tax nil-rate band stands at £325,000 and remains frozen, with a separate residence nil-rate band where a home passes to direct descendants. The annual gift exemption is £3,000 per tax year, and one unused prior year can be carried forward, giving up to £6,000. There is also a small gifts exemption of £250 per recipient per year, provided no other exemption is used for that person.
The crucial trap: a loan that is never actually repaid and never chased will be treated by HMRC as something other than a loan. If you intend to forgive it later, understand that forgiveness is a gift at the moment it happens, and the seven-year rule starts then. Taper relief, where it applies between three and seven years, reduces the tax payable — not the value of the gift itself. That distinction catches out a surprising number of families.
Who bears the loss if the investment falls?
The borrower does, entirely, unless the agreement expressly says otherwise. A loan is a personal obligation. If your son borrows £30,000 for shares and the holding halves, he owes £30,000 plus any interest. The lender has no claim on the shares and no automatic right to force their sale. The question of who bears the loss on a family loan is answered by the document, not by fairness.
Families who dislike that outcome sometimes agree to share losses. Be careful. Options, in rising order of risk:
- Straight loan. Fixed interest, fixed schedule. Borrower carries all market risk. Cleanest and most enforceable.
- Loan with hardship clause. Repayments can pause or reduce on defined triggers. See our guidance on handling a family loan during financial hardship.
- Secured loan. Charge over the asset. Gives the lender recourse but requires proper registration.
- Profit share. Lender takes a slice of gains instead of interest. This may constitute a partnership under the Partnership Act 1890, bringing joint and several liability for partnership debts — a serious and usually unintended consequence.
There is a regulatory dimension too. If a family member is effectively pooling money from several relatives and managing it, that can amount to a collective investment scheme under the Financial Services and Markets Act 2000, which requires authorisation. The Financial Conduct Authority takes operating one without permission extremely seriously. One-to-one lending within a family is generally outside the regulated perimeter, but “I’ll invest it for you and we’ll split the gains” is a different proposition.
What are the tax consequences of lending money for shares or property?
Interest arising on a family loan can be taxable savings income. Allowances and reporting requirements depend on the lender’s circumstances; check HMRC guidance on interest and how to report it. Charging no interest does not by itself settle every tax or reporting question about the arrangement.
- Lender: declare interest received. The personal savings allowance may cover some or all of it depending on your tax band — check the current figure on MoneyHelper before assuming.
- Borrower: interest on money used to buy listed shares in your own name is not deductible. Interest on money funding a property letting is subject to the restriction on finance costs, giving only a basic-rate tax reduction rather than a full deduction.
- Capital gains: the borrower, as beneficial owner of the investment, pays any CGT. The lender pays none unless they hold a beneficial interest.
- Bad debts: if the loan is never repaid, relief is narrow and conditional. Read our note on family loan bad debt relief before assuming a write-off reduces your tax bill.
Detailed record-keeping matters here; see our guide to reporting family loan interest to HMRC.
Can you use a family loan as a deposit on an investment property?
Only if you disclose it. UK mortgage lenders require the source of every penny of deposit to be verified, and most will not accept a borrowed deposit at all on buy-to-let or residential purchases. Presenting loaned money as a gift to get an application approved is mortgage fraud, not a technicality.
In practice, lenders ask for a gifted deposit letter confirming the money is an outright gift and that the giver retains no interest in the property and expects no repayment. Our experience across the agreements users create is that families routinely sign these without reading them.
A gifted deposit letter is false if:
- Any repayment is expected, even informally or “whenever you can”.
- The giver is to receive a share of the sale proceeds or rental income.
- A side agreement, declaration of trust, or verbal understanding contradicts it.
Signing a false declaration is an offence under the Fraud Act 2006. The realistic consequences are the mortgage being called in immediately, the family member being pursued for the debt, and a criminal record. If the money is genuinely a loan, tell the broker at the outset — some lenders will consider it, usually by factoring the repayments into affordability, and others will decline outright. Being declined is vastly better than being prosecuted. For property in England or Northern Ireland, check whether Stamp Duty Land Tax and additional-property rates apply to the actual purchase. Scotland and Wales use different property transaction taxes.
What should an investment loan agreement between family members contain?
At minimum: the amount, the interest rate, the repayment schedule, what happens if the investment loses value, and how disputes are resolved. In England and Wales, the Limitation Act 1980 generally provides six years for a simple contract claim and twelve years for a claim on a deed, subject to the Act’s conditions and exceptions. Scotland and Northern Ireland have different rules; obtain advice on the applicable law and when time starts running. See the Limitation Act 1980. Ask a solicitor which document and execution formalities suit your arrangement.
- Names, date, and the exact sum advanced.
- Stated purpose and any restrictions (no leverage, no margin trading, no crypto — whatever you agree).
- Interest rate, or an explicit statement that the loan is interest-free.
- Repayment schedule, including whether repayment is linked to the asset being sold.
- Express allocation of investment risk — say in terms who bears a loss.
- Default, death, and divorce provisions. What happens if the lender dies with the balance outstanding?
- Signatures, witnessing if executed as a deed, and a documented repayment schedule both sides keep.
What else do families most often ask before lending money to invest?
Does a family loan need to charge interest?
An interest-free family loan still needs a genuine repayment obligation and clear records. The absence of interest does not answer every tax, estate or reporting question. Ask an adviser about the actual terms and circumstances.
Can my parents take a share of my investment profits instead of interest?
They can, but it changes the nature of the arrangement. A profit share may create a partnership under the Partnership Act 1890, exposing both parties to joint and several liability. It also complicates tax, as the lender would be taxed on their share of gains rather than on interest.
What happens to the loan if the lender dies before repayment?
The outstanding balance is an asset of their estate and the executors must collect it, potentially from you. It counts towards the £325,000 nil-rate band. Many families overlook this entirely, leaving a sibling-executor obliged to pursue another sibling for the debt.
Is a verbal family loan legally binding in the UK?
Generally yes, but proving its terms is extremely difficult. Without documentation, courts and HMRC frequently treat advances between relatives as gifts. Written evidence of the amount, the repayment expectation, and both parties’ intention is what makes the loan defensible years later.
Where should you go from here?
Money between family members works when the terms are explicit and documented before anyone transfers a penny. The borrower should understand that market losses do not cancel the debt. The lender should understand the money stays in their estate. And if a mortgage is anywhere near the transaction, the lender must be told the truth about where the deposit came from.
Get the paperwork right and the relationship usually survives even a bad investment year. You can record your agreed family loan terms and repayment schedule with Chipkie — setting out the interest, the schedule, and exactly who carries the risk, so nobody has to rely on memory or goodwill when markets move against them.
Disclaimer: The information provided in this article is for informational purposes only and should not be considered financial or legal advice. Property and lending laws in the United Kingdom vary and may change over time. We always recommend consulting with a qualified solicitor and mortgage broker before entering into a property purchase or financial arrangement with another party.
