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Auto transfer question

Posted on 11/14/18 at 9:23 pm
Posted by jflsufan
Baton Rouge, LA
Member since Mar 2013
4429 posts
Posted on 11/14/18 at 9:23 pm
I have been driving a company vehicle for 7 years. The vehicle is worth between $18-$20K according to KBB. The owner of the company has offered to sell it to me for $100. How do we transfer the vehicle to me in a way that minimizes the amount of tax that I have to pay to register it with Louisiana DMV?
This post was edited on 11/14/18 at 9:28 pm
Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 11/14/18 at 9:44 pm to
quote:

I have been driving a company vehicle for 7 years. The vehicle is worth between $18-$20K according to KBB. The owner of the company has offered to sell it to me for $100. How do we transfer the vehicle to me in a way that minimizes the amount of tax that I have to pay to register it with Louisiana DMV?


It is my understanding that for a vehicle under a certain age maybe 10 years they will look up the book value, and tax you on that. Over 10 years they will accept whatever you put on the bill of sale. I Know that they are not going to miss out on sales tax revenue by just accepting whatever you put down, I am sure someone else will be along that has accurate information.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 11/14/18 at 9:49 pm to
quote:

It is my understanding that for a vehicle under a certain age maybe 10 years they will look up the book value, and tax you on that. Over 10 years they will accept whatever you put on the bill of sale. I Know that they are not going to miss out on sales tax revenue by just accepting whatever you put down, I am sure someone else will be along that has accurate information.


This is correct. They know that no vehicle with a clean title is being sold for $100. So they'll look up the book value and charge sales tax based on that.
Posted by jflsufan
Baton Rouge, LA
Member since Mar 2013
4429 posts
Posted on 11/14/18 at 9:57 pm to
Hopefully 7 years is the threshold where they accept whatever you put on the bill of sale. I am hoping to go with something like $5-7K value. I will have to put a little money into it as it is approaching 100K miles and will need new tires. That has to count for something when figuring value.
Posted by Retrograde
TX
Member since Jul 2014
2900 posts
Posted on 11/14/18 at 10:04 pm to
Just curious, what kind of vehicle?
Posted by jflsufan
Baton Rouge, LA
Member since Mar 2013
4429 posts
Posted on 11/14/18 at 10:14 pm to
quote:

Just curious, what kind of vehicle?


It’s a 2011 GMC Sierra Denali.
Posted by TigerGrad2011
Member since Aug 2016
1578 posts
Posted on 11/14/18 at 10:29 pm to
Can you gift a vehicle to a family member and not have to pay taxes on it?
Posted by bubbz
Baton Rouge
Member since Mar 2006
22810 posts
Posted on 11/15/18 at 12:15 pm to
Just an FYI for others seeing this thread: in the state of Louisiana the sales tax is based off the sales price of the vehicle, not the value.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16448 posts
Posted on 11/15/18 at 12:23 pm to
quote:

Can you gift a vehicle to a family member and not have to pay taxes on it?


Yes you can. You just do the act of donation paperwork.
Posted by jflsufan
Baton Rouge, LA
Member since Mar 2013
4429 posts
Posted on 11/15/18 at 12:55 pm to
quote:

Yes you can. You just do the act of donation paperwork


So do you pay $0 in taxes in an act of donation? Or do they look up the value and tax you on that?
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 11/15/18 at 1:07 pm to
Isn't the difference in value and amount you pay considered income? I think you are supposed to pay taxes on that income. Additionally, he may have some payroll tax obligations. I may be way off, but I would get some some professional tax advice.
Posted by jflsufan
Baton Rouge, LA
Member since Mar 2013
4429 posts
Posted on 11/15/18 at 1:11 pm to
quote:

Isn't the difference in value and amount you pay considered income? I think you are supposed to pay taxes on that income. Additionally, he may have some payroll tax obligations. I may be way off, but I would get some some professional tax advice.


Let me worry about the federal tax implications. I am asking specifically about sales tax in this case.
Posted by lsujro
north of the wall
Member since Jul 2007
3919 posts
Posted on 11/15/18 at 2:05 pm to
no sales tax in a donation. the omv doesn't know the value of the vehicle, but if it looks suspicious, i suspect they'll investigate - they can be aggressive.
Posted by GFunk
Denham Springs
Member since Feb 2011
14966 posts
Posted on 11/17/18 at 1:15 pm to
OMV will aggressively investigate these situations. It’s obvious what’s going on.

You put $100 on the BOS or do an Act of Donation from an LLC to an unrelated owner (and Act of Donation forms typically ask for your relationship to the donor as the donee) for a clean titled vehicle like that and you’re rolling the dice.

I’ve been told by folks who are on regional Boards for the Public Tag Agent Association that they’ve been told the OMV has a matrix of price versus NADA values and everyone that pulls a AOD or a BOS <$1K gets entered into the wrong kind of raffle to win the wrong kind of prize from taxing authorities.

Over a couple hundred bucks in sales tax is a really, really dumb risk-for both you and the company and/or business owner-to take.

But hey...do what you want.
This post was edited on 11/21/18 at 6:29 am
Posted by Twenty 49
Shreveport
Member since Jun 2014
18725 posts
Posted on 11/17/18 at 7:01 pm to
quote:

So do you pay $0 in taxes in an act of donation? Or do they look up the value and tax you on that?


Yes, if donated to certain family members. Cousins don’t count, I can’t recall but think it has to be child or grandchild connection. Best to state the relationship in the act of donation.

They may have info on this on their website. Too lazy to search.
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