Texas Affidavit of Motor Vehicle Gift Transfer - Pay $10 Tax when giving your car to a family member
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- Опубликовано: 20 окт 2024
- This is the form necessary to do the $10 gift transfer on a Texas Motor Vehicle. The form DOES have to be notarized if you're not signing it in front of your Tax Office's employee.
Link for the Gift Affidavit:
www.txdmv.gov/...
Link for the Application for Title
www.txdmv.gov/...
My website www.buxtonauto.com
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Your knowledge of the laws in Texas is impressive.
Thanks! You're so supportive.
Thank you immensely for the concise overview! I presume the Form 130-U does not require notarization. May I trouble you for confirmation? Much appreciated either way.
Have a lovely day!
No notorizing. There would be a space on there for the notary stamp if it was required.
Thank you for this video! My mother is gifting me a car. She lives in Oklahoma. I live in Texas. Do we pay any Texas excise tax on the vehicle (since it is titled in Oklahoma) or does the $10 gift tax cover that?
I’m not sure about that but your county tax office can tell you if you give them a call.
Hey, Tom. I have a question about the gift transfer form. The video shows Rev. 2-17/7, but the one I downloaded is Rev. 4-24/8. Rev.4-24/8 has a different layout. Qualified Revocable Trust and Qualified non-profit IRC are in an area below the other options above. If I check child, do I still have to check one of the other 2 boxes? I assume that I can leave those two unchecked. Thanks!
Yeah I had a friend tell me the form is updated I just haven’t gotten time to make the video. The county will most likely accept the old form and the new form will work as well. You can just take it in there and they’ll tell you what to do.
Does the person gifting the vehicle have to sign the back of the title labled assignment of title. Or signature of owner in the front only?
Thanks for watching my video. So believe it or not the signature on the front is not required. They can sign if they want to. They will sign the back as “signature of seller”. They need to sign their name EXACTLY as it’s printed on the front. When they sign the gift affidavit that also needs to be signed exactly as the title is printed and remember it must be notarized if the person is not with you at the tax office. Thanks for watching and please subscribe if you haven’t already!
Thanks for the information! I’m gifting my truck to my son, if I’m leaving the plates, I don’t need an inspection or insurance?
The inspection and insurance are required for registration. If you are only transferring the title you're good. If he wants it registered to drive he'll need insurance and an inspection.
@@buxtonautosales thank you for the information, that was very helpful. How does he register the vehicle to drive at a later date after the title is transferred?
He can buy his tags at the same time.
Thank you!!
You're welcome!
Here is one for you. My wife is a sole owner of the of a corporation..We have 3 trailers listed under business name. 2 trailers need to be retired. Can the business gift the trailer to me, husband, or so we have to sell $1? Trailers have no titles. 1 trailer bought 10 years ago for 900 and another 5 years ago for 300, so If the 6.25 tax applies then not that bad. Not sure of the best way to go. The business no longer uses these trailers but yearly are subject to county property taxes as business property. In addition we bought a bigger trailer, no title and mistakenly registered to the Corp but it needs to be changed to fall under her Sole-P business. That should be a simple change of business name on registration since she is sole owner of both businesses, right?
So a couple things. Trailers under a certain weight (which is what you must have) do not have titles. Your are correct. Larger trailers do. Since your trailers are registration only there's no title but I do not know if there is a "presumptive tax value" on them or they're going to go off what you tell them. I would use a bill of sale. No, you can't do a gift transfer as that is for family members only. Your wife's corporation being a separate legal entity isn't your family and won't qualify. Thanks for watching my video and please SUBSCRIBE if you haven't!
So if I’m gifting my car to my sister and she doesn’t have a license yet how is she posed to have insurance on the vehicle
Well you could wait until she does. Or you could do a title transfer only and not a registration. Insurance isn’t required to transfer a title.
If I live in California (as the owner of the car) and want to gift the vehicle to someone who lives in Texas (where the car is registered and currently located), do both of us need to get the document notarized?
No, you will need your signature notarized as the gift giver. The recipient will sign when they get to the tax office so no notarizing is needed on their part. You will also need to sign form 130-U as seller but it does not need to be notarized.
@@buxtonautosales thanks so much for this information. I am wondering if it is also possible to do this while the vehicle still has payments? Or does the car need to be paid in full before putting it under another owner?
@@PrezPeralta it does. You can’t transfer the title because the lien holder has the title.
Will this process work and is sufficient for gifting from an out of state (AR) into Texas? Or are there additional steps that is required? Thank you.
The process is the same. If the car has an out of state title you will want to bring the original receipt from the state inspection to the county tax office as well.
The car came from California, can my parents have it notarized in California?
You don’t have to fill this form out if it’s a California car.
I am giving a motorcycle that is titled to be to my son. It's current registration is not up to date and it has not been inspected however it is insured under my name. It has not been driven in some time. He is not able to drive it yet. Do I need to get it inspected and up-to-date to transfer it so we can sit in his garage and not be driven for the next year?
The law only requires inspection for registration. You can do “title only” on your 130-U application along with the transfer form and it will put it in his name for the $10 gift tax. He will not have to insure or inspect it. Once he gets it running and insures it and gets it inspected he can go back and pay for a license plate. Thanks for watching!
How do I handle if I’m gifting the car to my son who lives in Utah. The car is with him. It does not have a recent Texas inspection.
I am not sure what Utah’s rules are so I can’t really answer. I’d google “Utah motor vehicle gift transfer” and see if anything comes up. You can also call their offices and see.
Thanks for watching!
I was gifted a car from my Father in law. He lives in a different city in Texas than me. Can he get his portion notarized by a different notary than I do if he mails the form back to me?
Your father in law can fill out the form and go get his signature notarized and mail it to you. You don’t have to have it notarized as long as you wait and don’t sign it until you’re at the tax office and they observe you signing it.
@@buxtonautosales thanks for the response
Hello, what if the donor has an expired license or a mexican passport? would it be best to get a notarized signature for them instead? the car and title is here in the US, thank you!
You'll be fine with the expired ID if you go in to the tax office. To get it notarized the notary may or may not accept expired ID.
Hello! Thank you so much for this information, super helpful! Question, my ex husband is gifting a paid off vehicle to our 17 year old daughter. So I believe, under donor information it would be her name, however under recipient, would be me? I will be taking it to the County to register it. My daughter currently is on our insurance policy, so I would need to just add the vehicle. Is this correct? My ex-husband originally wanted to to gift it to me (not sure if I would fall under guardian?) since our daughter is 17, but I believe in Texas there isn't an issue. She currently only has her permit and not her DL.
I am not sure what the law is about who can own it, but a call to your local Tax Office can confirm your belief. As for Donor, your ex who is donating the car is the donor. if he is not going with you to the tax office to do this he will need to get that notarized. Whoever's name the car is going into is the recipient. Also if you're getting it registered it does have to have an inspection that's not more than 90 days prior to the registration. Thanks for watching my video!
Make sense?
Do i still have to renew the cars inspection even if it’s still good to do the tittle transfer?
Yes, the inspection has to be not more than 90 days old to get new registration. You can transfer the title without an inspection but you won’t be able to renew the registration without it.
Can uncle to nephew qualify? My uncle have the same second last name
You don’t have to have the same name to do this. You are swearing that you are family. They don’t require proof. Thanks for watching and please SUBSCRIBE.
@@buxtonautosales done ✅
@@maxin3231 which box did you check under relationship? My uncle is gifting me a vehicle also and im trying to avoid the 6.25% fee. Thanks
@@fkknalpha if you have the same last name choose the parents box. Unfortunately there’s not a box for uncles unless you lied and put them as something else. My uncle did it with me years ago, and I just recently found out that transaction isn’t legal. But in my case we have the same last name, and we didn’t have to paid taxes
Can i bring it to county tax collector? Instead of count tax office?
Same thing. Where you go for your license plates and registration.
@@buxtonautosalesis that a yes can I go to county tax collector or only at tax county office?
The tax assessor/collector is what my county calls it. It’s where you go to get your registration renewals.
@@qaecobitv2295
"@buxtonautosales is that a yes can I go to county tax collector or only at tax county office?"
Really? The county tax collector can be found at the county tax office because that is the county tax collectors office. Like he said, they are the same thing.
Great video. (I'm the 100th Liked. So there must me a prize.)
Well I certainly appreciate it!
if my dad passes away, leaves car to mom, does she have to transfer title to herself, then gift it to son?
If the title is only in Dad’s name then the executor of the estate will need to sign it and then assign the title to mom who will need to transfer it into her name then do the gift transfer. Or the executor of the estate can transfer it straight to the child.
If there is no will at all mom can use the affidavit of heir ship to put it into her name then transfer to the child.
I will have a video on affidavit of heir ship coming out soon.
@@buxtonautosales Thank you SO much! I appreciate it!
Thanks for answering, I have another multi part question. Mom is the Executor of Dad's Will, does she need anything like Death certificate, a copy of his Will, proof of her being the Executor? Also, if she can't go to tax office, does she need it notarized in order to transfer from Dad to Mom?
If mom is signing as executor she will need to provide a certified copy of the court doc showing she is executor. If you are doing the gift form mom either needs to be present or that form needs to be notarized. Either one.
@@buxtonautosales Thanks again, Tom!
Thank you!
No, thank you for watching. Please subscribe if you haven’t it really helps my channel!