Nys Dmv Forms Gift
Is it fair for DMV to demand taxes on my old car (purchased in MA)?
I recently moved to New York state (NYS) from Massachusetts. I went to the DMV at White Plains to get NYS license plate.
However, the clerk asked me to fill out a form DTF-802, “Statement of Transaction – Sale or Gift of Motor Vehicle”. I was under the impression that he wanted me to pay state taxes for my car purchased two years ago in MA.
When I purchased my car in MA in year 2008, I made full payment including sales taxes. I don’t understand why I’ll have to pay taxes to NYS again, simply because I need to get my MA license plate replaced with a NYS license plate.
Could this be the problem with this particular clerk at the White Plains office, or is it a universal requirement for those who are from another state and want to register their cars at NYS? Should I try another office location of DMV?
I believe there was a misunderstanding. Sales tax only has to be paid once. The form you were given appears to be for when no sales tax has ever been paid. I would go to see a different clerk. I believe you should have been given form DTF-804
From the NY DMV website re: DTF-802:
Instructions
This is a New York State sales tax return. The new owner’s social security number, taxpayer identification number (TIN), or
federal employer identification number (EIN) is required.
Use this form to report the purchase of a vehicle or boat when sales tax was not collected at the time of purchase or when the vehicle or
boat was received as a gift. If the donor/seller is not required to complete Section 6, the new owner must have a copy of the bill of sale
signed by the seller.
The seller or donor must complete Section 6 if:
• the motor vehicle is a gift to a person other than a spouse, parent, child, stepparent, or stepchild
• the motor vehicle is sold below fair market value to a person other than a spouse, parent, child, stepparent, or stepchild
• the trailer, ATV, boat, or snowmobile is a gift
• the trailer, ATV, boat, or snowmobile is sold below fair market value
If for any reason you must obtain a registration or title before you can establish the amount of tax due based on the less than fair market
value purchase price, you may obtain tax clearance by paying the tax due based on the fair market value as established by the Tax
Department. If this results in an overpayment, you may apply to the Tax Department for a refund or credit of the amount overpaid.
Submit the completed form to your local motor vehicle issuing office.
Note:
• If you are claiming an exemption other than a gift, use Form DTF-803 instead.
• If you are claiming credit for taxes paid to another state, use Form DTF-804 instead.
• If you are registering more than one motor vehicle for the same taxing jurisdiction, use Form DTF-805 instead.
If you need information or forms, go to our Web site at www.nystax.gov. Forms are also available on our fax-on-demand system at
1 800 748-3676 and by calling 1 800 462-810
Themocracy