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Gifting a car or selling it for cheap???

Posted on 3/14/24 at 8:59 am
Posted by AllsGroovn
Metairie, LA
Member since Jun 2005
1947 posts
Posted on 3/14/24 at 8:59 am
A family member wants to give a car to my daughter (under 18). I have not done this before, is it better to process the title as a gift or sell/buy it for a minimum amount of money?

What would be best for taxes, etc.

Thanks in advance.
Posted by Chad504boy
4 posts
Member since Feb 2005
166210 posts
Posted on 3/14/24 at 9:07 am to
quote:

or sell/buy it for a minimum amount of money?


Also called gifting.
Posted by AllsGroovn
Metairie, LA
Member since Jun 2005
1947 posts
Posted on 3/14/24 at 9:12 am to
So what is the difference, tax wise, on a gifted vehicle vs. one that has a bill of sale for anything less than the value of the vehicle?

Posted by Weekend Warrior79
Member since Aug 2014
16348 posts
Posted on 3/14/24 at 9:16 am to
What is the estimated value of the vehicle? Should be able to drop the info into kbb and get a reasonable number.

Also, what is the "minimum amount" the family member is willing to sell for?
This post was edited on 3/14/24 at 9:17 am
Posted by TJack
BR
Member since Dec 2018
1293 posts
Posted on 3/14/24 at 9:22 am to
Gonna need estimated value to answer your question.


From the good ole boys of D&D:

When choosing between gifting a car and selling it for $1, gifting it is the simpler and best option. When you sell them the car, the person who receives it will be forced to pay sales tax to the state based on the vehicle’s fair market value—which will be significantly more than the $1 you sold it for.
This post was edited on 3/14/24 at 9:29 am
Posted by Chad504boy
4 posts
Member since Feb 2005
166210 posts
Posted on 3/14/24 at 9:24 am to
quote:

So what is the difference, tax wise, on a gifted vehicle vs. one that has a bill of sale for anything less than the value of the vehicle?


i mean if we're dealing with a 10k private party value vehicle... if you tell the auto title transfer place you sold it for 8k, it won't raise any hairs. you pay taxes on 8k. if you tell the dmv you sold it for $1000, it begins to look pretty sus. You're essentially still gifting 9k in that scenario.

auto title people don't need to see proof of money purchase.
This post was edited on 3/14/24 at 9:26 am
Posted by ChexMix
Taste the Deliciousness
Member since Apr 2014
24893 posts
Posted on 3/14/24 at 10:12 am to
Sell her the car for cheap and don't report the sale. Easy.

IRS doesn't receive any info about the sale to catch you. Sell it and move on
Posted by AllsGroovn
Metairie, LA
Member since Jun 2005
1947 posts
Posted on 3/14/24 at 10:46 am to
KBB values it at $18k

Thanks for the info.
Posted by ChexMix
Taste the Deliciousness
Member since Apr 2014
24893 posts
Posted on 3/14/24 at 2:56 pm to
I know I got down voted, but if the irs doesn't have a record of the sale, did it really happen? No one is sending the sale info to the irs.

The IRS has zero clue about how much you paid, or anything. It's all self reported by you, the gullible taxpayer. W2 I come is reported to both fed and state. Same with 1099s. Same with real-estate sales.

Personal sales are not. Stop paying taxes on crap they can't track.

You're welcome
Posted by LNCHBOX
70448
Member since Jun 2009
84066 posts
Posted on 3/14/24 at 3:06 pm to
quote:

I know I got down voted, but if the irs doesn't have a record of the sale, did it really happen? No one is sending the sale info to the irs.

The IRS has zero clue about how much you paid, or anything. It's all self reported by you, the gullible taxpayer. W2 I come is reported to both fed and state. Same with 1099s. Same with real-estate sales.

Personal sales are not. Stop paying taxes on crap they can't track.

You're welcome



How do you plan on registering the vehicle without reporting the sale?
Posted by BayouBengal23
BR
Member since Mar 2019
569 posts
Posted on 3/15/24 at 7:05 am to
Not me… but someone I know… has sold many cars for $3000 or less on paper. “They” asked the lady at the title transfer place if anything ever happens or red flags are raised and she said never. We see it all day everyday and I’ve never heard of anything happening.

On top of that, acts of donation happen all of the time too so no taxes are paid.
Posted by meansonny
ATL
Member since Sep 2012
25590 posts
Posted on 3/15/24 at 7:16 am to
In our county, all sales taxes are based on fair market value (not sales price) unless there is something significantly wrong with the vehicle (i.e. it is not safe for road use).

There is no tax for a family gift. I'm not sure what the legal definition of "family" is although I'm sure there is a specific definition at the tag office.
Posted by Twenty 49
Shreveport
Member since Jun 2014
18749 posts
Posted on 3/15/24 at 7:50 am to
In LA, an immediate family member (father/daughter, brother/sister, etc.) can donate to another, and there will be no sales tax to register the car to the new owner/donee. (Some online sources say that there is a $15K cap on this, but I'm not sure if that is correct.) Be sure to complete the part of the form that asks for the relationship between donor and donee. Act of Donation of Movable form

If the donor is not an immediate family member, then OMV will require the new owner/donee to pay sales tax on what they determine to be fair market value. In that case, you may be better off structuring the transfer as a sale (rather than a donation) at the minimum price that you think OMV will accept. Folks often low ball it a bit, but if you present a bill of sale for what is obviously a $40,000 car and claim it sold for $5,000, they may call bullshite and tax on FMV.
Posted by couyon2
Member since May 2019
74 posts
Posted on 3/15/24 at 10:07 am to
Have them do an act of donation, much cheaper (if any) tax-wise.
Posted by HubbaBubba
F_uck Joe Biden, TX
Member since Oct 2010
45724 posts
Posted on 3/15/24 at 1:07 pm to
I just gifted a vehicle to my daughter in Texas. There was no sales tax. Just a $10 fee. Still had to pay for registration and license, though.
Posted by HubbaBubba
F_uck Joe Biden, TX
Member since Oct 2010
45724 posts
Posted on 3/15/24 at 1:16 pm to
quote:

i mean if we're dealing with a 10k private party value vehicle... if you tell the auto title transfer place you sold it for 8k, it won't raise any hairs. you pay taxes on 8k. if you tell the dmv you sold it for $1000, it begins to look pretty sus. You're essentially still gifting 9k in that scenario.

auto title people don't need to see proof of money purchase.
In Texas, you can swap titles and there is no sales tax. However, if you swap titles and receive an amount of cash (his car is worth $30k, and yours is worth $35k) then you must pay sales tax on the extra amount you received above the valuation of the car you swapped for.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57198 posts
Posted on 3/16/24 at 6:56 am to
(no message)
This post was edited on 3/16/24 at 7:05 am
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