What an affidavit of motor vehicle gift transfer does
An affidavit of motor vehicle gift transfer is a signed, notarized statement that documents a vehicle being given from one person to another with no money changing hands. It replaces a bill of sale when there is no purchase price. The affidavit tells the DMV that the transfer is a gift, not a sale, which affects how the new owner pays title and registration fees and what tax they owe.
The affidavit is not the same as the title itself. You still need the original title document signed over by the current owner. The affidavit is a supporting document that goes with the title process to explain why there was no sale price. Some states require it; others make it optional but recommend it to avoid questions from the DMV about whether money actually changed hands.
The person giving the vehicle (the donor) and the person receiving it (the recipient) both sign the affidavit in front of a notary public. The notary verifies their identity and witnesses their signatures. This notarization is what makes the document legally binding and acceptable to the DMV.
Key Takeaways
- An affidavit of motor vehicle gift transfer is a notarized statement signed by both the giver and receiver that documents a vehicle as a gift with no sale price.
- The affidavit goes with the original title document when you submit a title transfer to the DMV; it is not a replacement for the title.
- Both the donor and recipient must sign the affidavit in front of a notary public, who verifies their identity and witnesses the signatures.
- Some states require the affidavit for gift transfers; others do not, so check your state DMV website to see whether it is mandatory or optional in your jurisdiction.
- The affidavit may affect registration fees and tax owed on the vehicle, since the DMV records it as a gift rather than a purchase.
When you need an affidavit of motor vehicle gift transfer
You need an affidavit when you are transferring a vehicle as a gift and your state DMV requires one. Not all states do. Some states accept a title signed over by the current owner plus a statement from the new owner that it was a gift. Others require the formal affidavit. A few states do not require any affidavit at all, as long as the title is signed and the registration form is filled out correctly.
Check your state DMV website or call their title section to confirm whether an affidavit is required. The requirement varies by state and sometimes by county. If your state does not require it but you want to use one anyway, most DMVs will accept it as supporting documentation. Using one when it is not required can actually protect you by creating a clear paper trail that the transfer was a gift, not an unreported sale.
You also need an affidavit if the vehicle title is held jointly by two people and only one of them is giving it to someone else. In that case, the affidavit clarifies that the transfer is a gift from one co-owner to a third party, not a sale or a transfer between the two owners.
What information goes on the affidavit
The affidavit includes the full legal names, addresses, and driver's license numbers of both the donor and the recipient. It lists the vehicle identification number (VIN), the year, make, and model of the vehicle, and the current odometer reading. It states that the vehicle is being transferred as a gift with no money or other consideration being exchanged.
The affidavit also includes the date of the transfer and a statement that both parties understand the legal consequences of the transfer. Some state forms ask whether the vehicle has any outstanding loans or liens on it. If it does, the affidavit must state that the donor will pay off the lien before transferring the title, or that the recipient is taking the vehicle subject to the existing lien.
Most states provide a standard form for the affidavit. You can read it from the DMV website or pick up a copy at a DMV office. Do not create your own affidavit from scratch; use the state form to make sure it meets all legal requirements and will be accepted by the DMV.
How to complete and notarize the affidavit
Fill out the affidavit form completely and legibly. Print it or type it; handwriting is acceptable but must be clear. Both the donor and recipient should review it together to make sure all information is correct before either one signs. Errors or mismatched information can cause the DMV to reject the title transfer.
Take the completed affidavit to a notary public. The donor and recipient must both be present. The notary will ask for a government-issued photo ID from each person to verify their identity. They will watch both people sign the affidavit and will then sign and stamp it themselves. The notary's seal and signature make the document official.
You can find a notary at a bank, credit union, law office, or UPS Store. Some charge a small fee per signature, usually between $5 and $15. After notarization, do not write on the affidavit or make any changes to it. If you need to correct something, start over with a new form and have it notarized again.
Submitting the affidavit with your title transfer
The affidavit goes with the original title document and the completed title transfer form when you submit everything to the DMV. You can submit by mail, in person at a DMV office, or online if your state offers electronic title transfer. Check your state DMV website for the exact mailing address or online portal.
Include a cover letter that lists all the documents you are sending: the original title, the notarized affidavit, the title transfer form, and any other documents your state requires. Keep a copy of everything for your records. If you are mailing the documents, use certified mail with return receipt so you have proof the DMV received them.
Processing time varies by state, usually between two and four weeks. The DMV will send the new title to the recipient's address on file. If there are any problems with the affidavit or other documents, the DMV will contact you and may ask for corrections or additional information.
What happens if the affidavit is rejected or incomplete
The DMV may reject the affidavit if it is not notarized, if the notary's seal is missing or illegible, if the signatures do not match the names on the IDs presented, or if required information is blank or incorrect. If this happens, the DMV will return the documents and explain what needs to be fixed.
Common reasons for rejection include a notary stamp that is too faint to read, a date on the affidavit that does not match the date it was notarized, or information on the affidavit that does not match the information on the title document. If you need to make corrections, you will need to complete a new affidavit and have it notarized again.
If the affidavit is rejected and you are not sure why, contact the DMV title section directly. They can tell you exactly what is wrong and what you need to do to fix it. Some DMVs offer phone support; others require you to visit in person or submit a written inquiry.
Gift transfers and taxes or fees
The affidavit tells the DMV that the transfer is a gift, which may reduce or eliminate sales tax on the vehicle registration. However, the recipient still owes registration fees and may owe property tax depending on the state. Some states charge a flat registration fee for gift transfers; others charge a percentage of the vehicle's fair market value.
The recipient should be prepared to pay registration and title fees when the new title is issued. The amount varies by state and by the age and value of the vehicle. A few states offer a reduced fee for gifts between family members, but this is not universal. Check your state DMV website or call to find out what fees explore to your specific transfer.
The donor does not owe income tax on the gift of a vehicle, and the recipient does not owe income tax on receiving it. However, if the vehicle is later sold, the recipient may owe capital gains tax depending on how much the vehicle appreciated or depreciated between the time it was received and the time it was sold. This is a tax matter, not a DMV matter, so consult a tax professional if you have questions.
Frequently Asked Questions
Can I use an affidavit of motor vehicle gift transfer if there is a loan on the vehicle?
Yes, but the affidavit must state that the loan exists and who is responsible for paying it off. Usually the donor pays off the loan before transferring the title. If the recipient is taking the vehicle subject to the existing loan, that must be stated clearly on the affidavit and the recipient must be prepared to make the loan payments.
Do both the donor and recipient have to be present when the affidavit is notarized?
Yes. The notary must see both people sign the affidavit in person and must verify both of their identities with government-issued photo ID. Some states allow one person to sign as a power of attorney for the other, but this requires additional documentation and is not standard. Check with your state DMV or a notary about whether this is an option.
What if I lost the original title document?
You cannot use an affidavit of motor vehicle gift transfer without the original title. If the title is lost, the current owner must first request a duplicate title from the DMV. This process varies by state but usually requires a form, proof of ownership, and a fee. Once the duplicate title is received, it can be used with the affidavit to transfer the vehicle as a gift.
Can I use an affidavit if the vehicle is being given to someone out of state?
Yes, but the recipient will need to follow their own state's title transfer process once they receive the vehicle. The affidavit from your state is a record of the gift transfer in your state. The recipient will then submit it along with their state's title transfer form to register the vehicle in their state. Requirements vary by state, so the recipient should check with their state DMV.
How long is an affidavit of motor vehicle gift transfer valid?
There is no expiration date on the affidavit itself, but it should be submitted to the DMV as soon as possible after it is notarized. If there is a long delay between notarization and submission, the DMV may question whether the transfer is still valid. Submit the affidavit and title transfer within a few weeks of notarization to avoid any issues.