Gifting a car to a friend or family member is a generous act, but it's essential to navigate the process correctly to ensure a smooth and legal transfer of ownership. In New York State, this involves more than just handing over the keys. This article provides a comprehensive guide to "gifting a car NY," including how to "transfer title as a gift NY" and the necessary "NY DMV gift form."

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Key Steps for Gifting a Car in NY

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1. Proof of Ownership and Bill of Sale:

The first step is to establish clear proof of ownership. The giver (donor) must complete and sign the transfer ownership section on the back of the vehicle's title certificate. Even though it's a gift, a bill of sale is still required. The NY DMV provides a "Vehicle Bill of Sale" (Form MV-912) for this purpose. When filling out the bill of sale, you should indicate that the car is a gift by writing "$0" or "GIFT" in the purchase price section.

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2. Statement of Transaction (Sales Tax Form):

One of the most crucial forms for gifting a car in New York is the "Statement of Transaction—Sale or Gift of Motor Vehicle, Trailer, All-Terrain Vehicle (ATV), Vessel (Boat), or Snowmobile" (Form DTF-802). This form is used to show that the vehicle is a gift and, in most cases, to exempt the recipient from paying sales tax.

• The donor must complete Section 6 on the back of Form DTF-802.
• The recipient (new owner) completes the front of the form.

It's important to note that if the vehicle is gifted to someone other than a spouse, parent, child, stepparent, or stepchild, there might be sales tax implications based on the vehicle's fair market value.

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3. Odometer and Damage Disclosure:

For vehicles manufactured in or after the 2011 model year and are 20 model years old or newer, the seller must complete the odometer disclosure statement on the back of the title certificate. For older vehicles, this is not required. Additionally, the Damage Disclosure Statement on the back of the NYS title certificate must be completed for all vehicles, regardless of age. If the title does not have these sections, you must use the "Odometer and Damage Disclosure Statement" (Form MV-103).

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4. Transferring the Title and Registration:

The recipient must take the completed forms—the signed title, bill of sale (MV-912), and Statement of Transaction (DTF-802)—to a local NY DMV office to register and title the vehicle in their name. The recipient will also need to provide proof of identity and New York State auto liability insurance.

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5. License Plates:

In New York, license plates generally stay with the seller. The donor should remove their license plates and registration sticker from the vehicle before handing it over. The donor can then either transfer the plates to another vehicle they own or surrender them to the DMV. The recipient will receive new license plates and a registration when they register the car in their name.

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Important Considerations:

• Liens: If there is a lien on the vehicle (meaning a loan is still owed), it must be satisfied before the title can be transferred. The lienholder will need to provide a lien release.
• Out-of-State Titles: If the vehicle has a title from another state, there may be additional requirements, such as notarization of the transfer section.
• Deceased Owner: If you are gifting a car from a deceased person's estate, you will need additional forms, such as Form MV-349 or MV-349.1, and a copy of the death certificate.

By following these steps and ensuring all the paperwork is completed accurately, you can successfully gift a car in New York State, making the process a positive experience for both the giver and the receiver. Always check the official NY DMV website for the most up-to-date forms and information to avoid any potential issues.

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Feeling Overwhelmed? Let the Experts Help!

Navigating the paperwork and procedures for gifting a car can be time-consuming and confusing. If you want to ensure the process is handled quickly and correctly, consider using a professional service.‍

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NY Tag & Title specializes in handling all New York State vehicle transactions, including title transfers for gifts. Their experienced team will manage the paperwork, deal with the DMV on your behalf, and make sure your generous gift is transferred smoothly and without any stress.

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Save yourself the headache. Visit nytagandtitle.com today to get your car gift transfer started!