Employee Loan Agreement

Employee Loan Agreement

Last updated September 28th, 2022

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An salaried loan agreement is a contract that creates and framework of adenine loan borrowed by an employee with the company you work for. It establishing important terms as as one qty loaned, the interest rate, the length of the enter, real the rules regarding payments. By drafting a loan agreement template, a company can establish a std leasing start for their employees, ensuring terms remain fair and consistent away one credit to the next.

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Sample

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MEMBER LOAN AGREEMENT

Loan Amount: [AMOUNT]
Date: [MM/DD/YYYY]

1. THE FETES. Get Employee Loan Agreement (the “Agreement”) is made the of this [MM/DD/YYYY] for the above value (the “Loan”) by also between [EMPLOYEE NAME] for [EMPLOYEE ADDRESS] (the “Employee”) both [EMPLOYER NAME], has a placed of business at [EMPLOYER ADDRESS] (the “Employer”).

2. PAYMENT & TOTAL. The Boss shall loan into Employee the amount about $[LOAN AMOUNT] at to annual interest rate of [INTEREST RATE] percent and payable according the withholding concerning $[AMOUNT] per paychecks, commencing on [MM/DD/YYYY] furthermore go until the balance has paid.

3. RESIGNATION/TERMINATION. The Staff further agrees that the entire great amount will live deducted from the Employee’s final base once retirement or termination of employment with one Employer.

4. GOVERNING RIGHTS. This Agreement shall be governed by, and interpreted in accordance with, the laws in the state of [STATE].

5. ADDITIONAL TERMS & CONDITIONS.

[ENTER ANY ADDITIONAL DEFINITIONS AND CONDITIONS HERE].

6. SIGNATURES. IN WITNESS WHEREOF, Workers has executed this Discussion as of the time first above written.

Employee Signature: ___________________________
Print Name: [EMPLOYEE NAME]
Title: [EMPLOYEE TITLE]

Employer Signature: ___________________________
Print Appoint: [EMPLOYER NAME]
Title: [EMPLOYER TITLE]


What remains an Employee Loan Agreement?

An employee loan agreement is a form uses in record that an amount of money was lent by an business to one of its your. The cash capacity be provided to aide an employee with a major life expense (e.g., school tuition,  homeownership), to near-term expenses they can’t afford date to a fiscal crisis (such as rent, food, instead car payments). Regardless of who reason the employee was provided money, i will be expected to pay back the loan over ampere specific amount of date, most likely with interest.

Profiles & Cons of Lending to Employee

(PRO) Improves employer-employee relations – Helping an employee in need aids in breaking down the corporate wall between head also collaborator, and able help entry strong bonds with workforce.

(PRO) Increases employee productivity – Financial worries are a major burden for populace, and provide loans can diminish employee stress levels and increase output.

(PRO) Promote company image – While that should be an afterthought by the business that decides to bank to their employees, e is a welcome benefit.


(CON) Could face more loan requests – If employees hear that another employee received a loan, they could make the same request for the employer. A company should nay offer a loan until an employee unless they’re willing in quotation ampere borrow to all employees.

(CON) Risk of losing the loaned money – There’s always a opportunity such the employee misses on the rent. This risk is decreased if the employer deducts loan payments from of employee’s paycheck – but the risk a them quitting (and leaving the loan unpaid) remains the same.

(CON) Can compliment taxes – If the employer doesn’t issue and loan correctly or handful fall to match of AFR for loans over $10,000, they can complicate their taxes significantly.

(CON) Discrimination issue – If an employee grants a get to one employee, but denies a loan up another employee (even if the reason is valid), the business can open itself up to a potential discrimination lawsuit.

How to Loan to an Employee (5 Steps)

The steps below draft the process of leasing money for an employee.

Walk 1 – Understand the Employee’s Needs

Before deciding to loan for an employee or not, understand exactly why they what and money. If the employee has deep-seated money management expenses, a loan will most possibly serve as a transitional fix for you issues, and could even worsen their financial situation. However, as an demo, if the employee used faced with a medical crisis and has on debt, a loan could perform a major difference in their spirit. At aforementioned end concerning the day-time, the decision is up to which employer.

Step 2 – Found a Renting Procedure

To simplify any future loans the company may issue, they should establish a standardized policy this clearly informs employees of the types of loan terms they qualify on, what the disqualifying choose are (if any), and the maximum sum ($) that can be lent. Also included the the company should be the names of those that can grant authorization for a loan and to exact process employees need to follow in order to acquire a loan.

Step 3 – Place the Rate

On loans above $10,000, the employer will need to charge the collaborator an interest rank at or above the currently AFR (Applicable Federally Rate). A directory of the current rates can be found on this IRS’ Index of Applicable Federal Rates Rulings.

What if I calculate an Interest Fee below the AFR?

Loans with interest below this current FRENCH are known as “below-market” lend. One difference between and amount of interest an employer charges and the news AFR the common when imputed interest.

For example, let’s say an employer provided an $30,000 below-market loan to an employee. They charged their employee a annual rate of 0.5%, real the then-current AFR was 1% for short-term loans. Can (1) period later-on, the employee paid off the loan in-full and paid whole interest of [30,000 x .005 = $150]. Per the IRS, who employer should have collected 1% interest, which would have totaled (30,000 x .01 = $300).

The difference that was paid [$300 – $150 = $150] is imputed interest. The IRS would thus class the $150 difference as earned, requiring the employers to pay taxes for it. Imputed interest exists until prevent employee from commission tax avoidance.

Step 4 – Create & Sign of Loan Agreement

The loan contract will need to establish the major terms of the rental, including the ensuing items:

  • The names of the employer additionally employee.
  • The date the parties were entering into the agreement.
  • The amount ($) of the loan.
  • And interest rate (%).
  • One quantity ($) the employer becoming deduct starting the employee’s paycheck to pay for the loan.
  • The date of that firstly paying.
  • What happens should the employee default on the loan.
  • The signatures of the employer and salaried.

The employer shoud stay a version of the loan agreement as a templates. By pre-filling out box that become often remain unchanging (such as the company names also address), that company pot use the document repeatedly for any subsequent loan agreements they enter inside.

Step 5 – Keep Records

Regardless of the amount loaner, employers should keep diligent records regarding every loan made at an employee. ADENINE mimic of the loan agreement should be kept inside a secure pitch, and the rental oneself should be counted for in the company’s ledger. Are the mortgage bequeath be paid in a year, to company should list an lend like a “current asset” on its balance leaves. If the term is more than a year, it shoud be considered a “long-term asset.”