Gifting a Car in West Virginia
In West Virginia, you can gift your car to another person by transferring title and completing an Affidavit of Transfer.
Written by Sarah Gray
Reviewed by Kathleen Flear
To avoid the taxes and fees associated with private vehicle sales in
West Virginia
, car-owners can gift their vehicle by paying a title transfer fee and submitting an Affidavit of Transfer of Ownership Without Consideration, certifying the car is a gift.Gifting a car can be a complicated process, and failure to complete a given step can result in penalties and fees the gift was meant to help avoid in the first place. Every state uses a different set of regulations for gifting a car, and some are more complicated than others.
To make sure your gift doesn’t wind up coming with hidden strings,
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How to buy a car as a gift in West Virginia
If you want to gift a new car to someone, but you’re not able to pay full price for the vehicle upfront, the easiest way is to bring the recipient with you to the dealership and involve them in the selection and financing process.
This is because you can only gift a vehicle if you own it outright.
So, if you want to buy your daughter a car but you can’t afford to pay cash outright, embrace the opportunity to make her a part of the car-buying process. This ensures she gets the car she really wants while you avoid any legal or financial troubles.
Key Takeaway Unless you can pay full value for the vehicle outright, the best way to gift a new car is to involve the gift recipient in the vehicle purchase process.
How to gift a used car in West Virginia
Whatever the reason or occasion for gifting a vehicle in West Virginia, the process is the same. Here’s everything you need to do.
Negotiate the terms of the gift with your recipient
Even though the car is a gift, there are still some fees associated with the
title transfer
, and, of course, forms that need to be filled out. Even if you plan to pay the fees yourself, you’ll still need some signatures from the recipient to complete the title transfer.Transferring a title in
West Virginia
requires a $15 transfer fee, so you’ll need to determine whether you or your gift recipient will pay it.In addition, vehicle ownership comes with maintenance and insurance costs—regardless of whether the car is a gift or not. You’ll need to discuss who will be responsible for the costs of ownership associated with the vehicle to ensure you’re not overburdening you or the new owner with your so-called gift.
Here’s are some of the key costs you should discuss with the recipient:
Cost | West Virginia average |
|---|---|
Title transfer | $15 |
Registration fee | $51.50 |
Insurance | $1,731 (liability only), $2,019 (full coverage) per year |
Maintenance | $373 per year |
Fuel | $1,136 per year |
Record of the gift with a bill of sale
Wait, why do I need a bill of sale for a gift? Yes—even if no money is changing hands, you still need to make a legal record of the transaction, and the
West Virginia Bill of Sale
does that. Be sure to keep a copy of the bill of sale in your records to protect yourself from any potential legal snafus down the line. Both you and the gift recipient must sign the bill of sale. You’ll need to get it notarized before taking it to the DMV to complete the title transfer.
Transfer the vehicle title
This is the most important step in the gifting process. Without a transfer of title, your recipient does not legally own the vehicle you’re giving them.
Both you and your recipient should fill out and sign the vehicle title. If you don’t have the original vehicle title, you will both need to fill out an
Application for Duplicate Title (DMV-4-TR)
.You and your recipient should fill out and sign the vehicle title, or an
Application for Replacement or Transfer of Title (REG-227)
if you don’t have the original. Be sure to indicate that the car is being transferred as a gift. In addition to the title, you will need to fill out an
Affidavit of Transfer of Ownership Without Consideration (DMV-5-TR)
for tax exemption. Per West Virginia law, no affidavit is required for transfers of title between parents and children or between spouses—but if you choose not to submit the affidavit, you will be charged tax on the book value of the vehicle, no matter what your relationship is to the gift recipient.Now that your paperwork is completed, bring it and the title transfer fee to your nearest DMV office where you’ll be able to complete the vehicle registration. Title transfer and registration must be completed within 30 days of the gift.
Purchase West Virginia liability insurance—or full coverage
No matter who’s paying for the insurance, be sure your gifted car is covered with at least the
minimum car insurance required in West Virginia
. Once this step is complete, your gift recipient is ready to hit the road!How to find affordable car insurance in West Virginia
Your car’s new owner is going to need insurance, and you can make sure you have the best coverage at the best price while you’re at it.
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Do you have to pay taxes on a gifted car in West Virginia?
No. As long as you submit a complete Affidavit of Transfer of Ownership Without Consideration, you’re not required to pay use tax on a vehicle you receive as a gift in West Virginia.
Is it better to gift a car or sell it for $1 in West Virginia?
The DMV has a gift process for a reason—it’s the most legitimate way to transfer a car as a gift in West Virginia and the safest bet if you’re not planning to sell the car for a fair market price.
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