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Interest & Tax on Family Loans: The Rules

Family lenders keep asking the same four questions — can I charge interest, how much, is it taxed, and what’s this prescribed rate everyone mentions? This hub holds the answers and the deep-dives behind them.

Curated & reviewed July 3, 2026 · Lend Right Editorial Team · a RULE8 Inc. product

The three numbers that govern everything

35% APR is the ceiling: the Criminal Code makes it an offence to charge an effective annual rate at or above it, family or not. 3% is the floor that matters for tax planning: the CRA prescribed rate for 2026, the benchmark for spousal loans and other attribution-sensitive arrangements. And 0% is the most popular number of all — interest-free is completely lawful between family members, and it’s what most parents and siblings choose.

Between those numbers sits one obligation lenders forget: interest you receive is taxable income. A 3% loan to a sibling produces a T-slip-less income stream you’re expected to report. The guides below take each rule in depth.

The deep-dives

Charging interest legally
The full framework — the cap, documentation, and the tax side
The 2026 prescribed rate
What 3% means, how it’s set, and when it matters
Spousal loans & income splitting
The attribution rules and the prescribed-rate exception
Interest between siblings (Ontario case study)
A worked example of picking a rate between equals
Down payments: mortgage & CRA rules
Where family lending meets the tax and mortgage systems

Set the rate in a signed agreement

Zero, 3%, or anything lawful — what matters is writing it down.

Create a loan agreement — free →

Quick answers

What's the maximum interest I can charge on a loan to family?

Anything with an effective annual rate below 35% APR — the federal criminal threshold applies to every lender in Canada, related or not. In practice, family loans cluster at 0% or around the CRA prescribed rate.

Is interest from a family loan taxable?

Yes. Interest you receive is income, reportable even though nobody issues you a slip. Interest-free loans avoid the issue entirely — one reason they're the family default.

What is the CRA prescribed rate right now?

3% for 2026. It's set quarterly from Treasury bill yields, and for prescribed-rate loans (notably between spouses), the rate in force when the loan is made stays locked in for the loan's life.

Can I just lend interest-free?

Absolutely — there's no rule requiring interest between individuals, and no tax consequence to the borrower from an interest-free family loan in ordinary situations. The exception is attribution-sensitive planning (like spousal investment loans), where charging the prescribed rate is the whole point.

Lend Right provides self-help document automation and general information, not legal or tax advice; no lawyer-client relationship is created. Court limits and rates change — verify with official sources. For complex situations, consult a licensed lawyer in your province.