In the United States, the Internal Revenue Service governs the taxation aspects of promissory notes. Specifically, the interest income received from a promissory note is taxable and should be reported, whereas the principal amount usually does not have tax implications unless the note is forgiven or canceled.
Once the parties address the conditions of the promissory note and sign it, it becomes a legally binding contract.
Example: When used in a real estate transaction, the promissory note covers the promise to repay the amount owed, interest, and maturity date — while the deed of trust or mortgage outlines the other responsibilities of the parties involved more precisely.
DO THE NOTES NEED TO BE REGISTERED? Most promissory notes must be registered as securities with the SEC and the states in which they're being sold. But remember that some promissory notes, such as those that have nine-month or shorter terms, may be “exempt.” That means that they don't have to be registered.
At its most basic, a promissory note is simply a contract. As such, it needs to have certain sections to ensure all parties are fully protected and treated fairly. Common sections of a promissory note include: Contact information for the borrower and the lender.