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If the vehicle was a gift or was purchased from a family member, use the Statement of Transaction {Sales Tax Form} (pdf) (at NY State Department of Tax and Finance) (DTF-802) to receive a sales tax exemption. If you paid out-of-state sales tax, show the out-of-state dealer bill of sale.
The fees to file a New York quitclaim deed vary from county to county, but some of the fees are similar. As of 2018, the basic fee for filing a quitclaim deed of residential or farm property is $125, while the fee for all other property is $250.
In New York, the seller of the property is typically the individual responsible for paying the real estate transfer tax. However, if the seller doesn't pay or is exempt from the tax, the buyer must pay.
To transfer ownership of the vehicle to another person, the spouse or guardian must complete an Affidavit for Transfer of Motor Vehicle (PDF) (MV 349.1). The form must be notarized. The spouse or guardian also gives the new owner a photocopy of the death certificate or certification of death.
Record the gift with a bill of sale In New York, all you've got to do is fill out the price section with $0, which confirms that you're giving the car away. A bill of sale should be signed by both you and the recipientthis will serve as legal proof that everybody agreed to the terms of the gift.
As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. File the completed deed in the land records at the local recording office.
The only way to minimize the transfer tax for sellers is through the use of a purchase CEMA, which is also known as a splitter.
Gifting a car in California can help you waive taxes and fees associated with a private vehicle salebut you'll still need to pay title transfer and registration fees and fill out a Statement of Facts to certify that it's a gift.
The transfer tax is a tax imposed on the seller (or grantor) during the conveyance of real property so it is typically their responsibility to pay. If the seller finds a way to not pay the tax (or just disappears), the responsibility to pay falls on the buyer. One way or another, the tax is going to get paid.
You can transfer the ownership by selling or giving away your vehicle as a gift; or you can transfer the registration to another vehicle that is in your name.