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Installment Agreement
I need an installment agreement for a loan of $50,000 with a 5-year term, monthly payments, and an interest rate of 3.5%. Include clauses for early repayment and late payment penalties.
What is an Installment Agreement?
An Installment Agreement lets you pay off a debt or financial obligation through scheduled payments over time instead of all at once. This type of arrangement is commonly used with the IRS when taxpayers can't pay their full tax debt immediately, but it's also used for large purchases, loans, and other financial obligations.
These agreements spell out important details like payment amounts, due dates, interest rates, and consequences for missed payments. For tax-related installment plans, the IRS typically requires monthly payments and may file a tax lien to protect their interests. Most agreements also include provisions about early payoff options and what happens if either party breaks the terms.
When should you use an Installment Agreement?
Consider an Installment Agreement when you need to handle a significant financial obligation but can't pay the full amount immediately. This approach works especially well for tax debts with the IRS, large equipment purchases, or when settling legal judgments. It gives you a structured way to meet your obligations while maintaining cash flow.
The timing is crucial - set up an Installment Agreement before the debt becomes delinquent or faces collection actions. For IRS tax debts, applying early helps avoid penalties and reduces the risk of liens or levies. Many businesses use these agreements to manage capital expenditures while preserving working capital for daily operations.
What are the different types of Installment Agreement?
- Installment Payment Contract: Most formal version, typically used for large business transactions with detailed payment schedules and security provisions
- Tax Payment Agreement: Specifically designed for IRS tax debt resolution, including required disclosures and federal tax compliance terms
- Monthly Payment Agreement: Simplified version for recurring monthly payments, often used in service contracts or smaller debts
- Installment Sale Contract: Used for selling goods with title retention until final payment, common in vehicle or equipment sales
- Installment Payment Agreement: General-purpose version with flexible payment terms, suitable for most business-to-business arrangements
Who should typically use an Installment Agreement?
- Taxpayers: Individual or business taxpayers who need to arrange payment plans with the IRS for outstanding tax debts
- Business Owners: Companies offering payment plans to customers for large purchases or services
- Financial Institutions: Banks and lenders who structure payment arrangements for loans or debt consolidation
- Legal Professionals: Attorneys who draft and review agreements to ensure compliance with state and federal lending laws
- Collection Agencies: Organizations that arrange payment plans for debt resolution on behalf of creditors
- Government Agencies: The IRS and state tax authorities who manage tax-related installment agreements
How do you write an Installment Agreement?
- Party Details: Gather full legal names, addresses, and contact information for all parties involved in the payment arrangement
- Payment Terms: Calculate total amount owed, interest rate, payment frequency, and duration of the agreement
- Security Measures: Determine collateral requirements or personal guarantees needed to secure the debt
- Default Provisions: Define what constitutes default and specify consequences for missed payments
- Documentation: Collect proof of debt, financial statements, and any supporting documents
- Compliance Check: Review state usury laws and lending regulations that may affect your agreement terms
- Agreement Structure: Our platform generates legally sound documents with all required elements for your jurisdiction
What should be included in an Installment Agreement?
- Party Identification: Complete legal names, addresses, and roles of all parties in the agreement
- Payment Terms: Total amount, payment schedule, interest rate, and due dates clearly specified
- Default Provisions: Consequences of missed payments, cure periods, and acceleration clauses
- Security Interest: Description of any collateral or guarantees securing the debt
- Governing Law: State jurisdiction and applicable regulations governing the agreement
- Modification Terms: Conditions for changing payment terms or early payoff options
- Signatures: Dated signatures of all parties, with proper notarization if required
- Remedies: Legal recourse available to parties if agreement terms are breached
What's the difference between an Installment Agreement and an Asset Purchase Agreement?
An Installment Agreement differs significantly from an Asset Purchase Agreement in several key ways, though both involve financial transactions. While an Installment Agreement focuses on structuring payments over time, an Asset Purchase Agreement primarily deals with the complete transfer of assets, even if payment terms are included.
- Payment Structure: Installment Agreements specifically outline periodic payments with interest rates and schedules, while Asset Purchase Agreements typically focus on the total purchase price and conditions of asset transfer
- Primary Purpose: Installment Agreements manage debt repayment or purchase financing, while Asset Purchase Agreements handle the complete transfer of ownership and associated liabilities
- Legal Focus: Installment Agreements emphasize payment terms and default provisions, while Asset Purchase Agreements concentrate on warranties, representations, and asset condition
- Duration: Installment Agreements remain active until the payment schedule is completed, while Asset Purchase Agreements typically conclude once the transfer is finalized
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