TN 3 (05-03)

Citations:

Regulations - 20 CFR 416.1103(f);

Ruling – SSR 92-8p

A. Policy—Loans

Proceeds of a loan are not income to the borrower because of the borrower's obligation to repay.

1. A bona fide loan is not income

Money that a person borrows under a bona fide loan agreement is not income. Money received as repayment of the principal of a bona fide loan is not income. A bona fide agreement is an agreement that is legally valid and made in good faith.

2. Loan not bona fide

If a loan is not bona fide, the cash provided by the lender is the borrower’s unearned income in the month received. If a loan is not bona fide, payments towards the principal are unearned income to the lender.

3. Interest on a loan

Interest received on money loaned is income whether the loan is bona fide or not. (See SI 00830.500C.)

4. Buying on credit

Items bought on credit are not income because they are treated as though the individual were borrowing money to pay for the item.

5. Loans of in-kind support and maintenance (ISM)

Food and/or shelter provided by members of the household where the beneficiary lives, or by someone outside the household, is not income (ISM) if repayment is required under the terms of a bona fide loan. (See SI 00835.482)

B. References

Interest income, SI 0830.500C

Loans of in-kind support and maintenance, SI 00835.482

Determining whether a cash loan is bona fide, SI 01120.220

Promissory notes and property agreements, SI 01140.300.