K.A. asks from Santa Clara, CA on October 09, 2009
Transferring a Car Between Siblings
Hi Mamas,
I am hoping someone can give me information regarding transferring cars between siblings. My sister moved to Singapore for at least 2 years because her husband found a job there. They have a minivan that she is willing to let me use while she is away. However, she does not want to have any "liabilities" and wants the title transferred to me and when she gets back, I would transfer it back to her. So I researched on CA's DMV site but only found that cars can either be sold or gifted between family. I guess she can "gift" me the car, but does that mean we don't have to pay use/sales tax? And why does it ask for the market value on the form? So if we list the market value to be 24K then does it mean she doesn't have to pay gift tax (12K for my husband and I each?) I have also heard of people selling cars to family for $1, but don't know of anyone actually doing it. So in this case, do we pay the 9.25% on $1 only? Even if the market value is mid 20K? Anyone with any experience or knowledge, please help! Thanks in advance!
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I.S. answers from San Francisco on October 10, 2009
The last couple of times we've done a family transfer there has only been a $10 filing fee to change the owner of record... no taxes.
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J.B. answers from Sacramento on October 13, 2009
K.,
The DMV does allow transfers between family members without any sales or use tax. There used to be a special form just for this - be sure to ask for that form. It isn't considered a gift so the Federal gift tax thing/amounts don't apply.
Take care - J.
G.M. answers from Modesto on October 10, 2009
If your sis is gonna take the car back when she returns from the Philippines why don't you just become the registered owner and carry the insurance on it? That seems simpler, you will need to smog it if you transfer the title.
K.D. answers from Yuba City on October 10, 2009
Hi K.,
My mom just recently transferred her car to us (she doesn't drive anymore) and as long as it is gifted between family members, you don't have to pay tax. If you have questions on the form, go to your local DMV and they can help you fill it out.
K.
J.B. answers from Sacramento on October 20, 2009
I know I'm a little late here, but if I were in that situation, I would keep your sister as the "legal" owner on the title and have you as the registered owner. That way she doesn't have to actually transfer the ownership of the car to you, but you (not her) are liable if anything were to happen. It is sort of the same as if the car was being financed (the bank is the legal owner, with you the registered owner), but in this case she would be the bank. :)
I'm sure you have trust in your sister and she trusts you, but I wouldn't want to transfer ownership unneccessarily. Good luck.
W.M. answers from Sacramento on October 10, 2009
K.
You will have to pay the tax on whatever the market value is. I have been told if the car is gifted to you then you will have to pay nothing. That is what my aunt and uncle did for their daughter. I wouldn't fill in the market value of the car unless asked, and be sure to get her signatures before she leaves.
W. M
D.S. answers from San Francisco on October 10, 2009
Hi K., I did this last week, for a car we sold to a extended family member, that has joined the military and is going over seas. We took back the car. I had to have the car smogged because it was done 6 months ago and had to be done within 3 months. I had to show proof of insurance, which only makes sence, and have the signature to prove that it was gifted to you. You, need to make sure that in everyway she is no longer responsible for any tickets, accidents that you may have while it is in your use.
When she comes back, the laws will have changed . I know that DMV, may no longer have the gift item w/o the taxes. So you will have to work it out. Good Luck, NanaG
A.W. answers from San Francisco on October 10, 2009
I'm not too sure about the taxes, but do know that you don't need a smog certificate. The car that I transferred three years ago from my son-in-law, I paid no use taxes nor did he pay anything on a car valued by Kelly Blue Book at 6 K. But I had already taken it for the smog testing, and it wasn't necessary.
I.S. answers from San Francisco on October 10, 2009
The last couple of times we've done a family transfer there has only been a $10 filing fee to change the owner of record... no taxes.
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