New York usury law makes it illegal to charge very high interest rates on loans. If you charge more than 16% on a loan in New York, the borrower might not have to pay you back; if you charge more than 25%, you might be committing a crime.1 Some people want to charge higher rates on loans, and so they want to structure loans that don’t look like loans to avoid usury rules.

The classic general way to do this is to structure the loan as a purchase. If the borrower — sorry, let’s use a more neutral word, maybe “customer” — has an asset that will pay $100 in cash in a year, you can buy that asset today for $80. You’ll get the $100 in a year, for a 25% return on your money; the customer gets $80 today instead of $100 in a year. That’s a lot like the customer borrowing $80 today at 25% interest, but you have called it a purchase and sale rather than a loan. Legally, this might or might not work, depending on the details (if the asset turns out to be worthless, does the customer still have to pay you?).

QOSHE - Cash Advance Looks a Lot Like a Loan - Matt Levine
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Cash Advance Looks a Lot Like a Loan

8 1
12.03.2024

New York usury law makes it illegal to charge very high interest rates on loans. If you charge more than 16% on a loan in New York, the borrower might not have to pay you back; if you charge more than 25%, you might be committing a........

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