A gift is the transfer of a motor vehicle in which the eligible party receiving the motor vehicle pays no consideration. Consideration includes anything given as payment such as the assumption of a lien or other debt, cash, payment for providing services or labor or an exchange of real or tangible personal property.
A $10 tax is due on a gift of a motor vehicle to an eligible party. The gift tax is the responsibility of the eligible person receiving the motor vehicle, and the person pays the gift tax to the county tax assessor-collector (CTAC) at the time the person titles and registers the motor vehicle. A motor vehicle received outside of Texas from an eligible donor may also qualify as a gift when brought into Texas for use in Texas.
If an eligible recipient receiving a gift of a motor vehicle wants to record a new lien using the motor vehicle as collateral for an unrelated loan, the gift tax is still the appropriate motor vehicle tax. The CTAC should ask for reasonable documentation, such as a statement from the lender, that the loan was unrelated to the motor vehicle transfer.
For a motor vehicle to qualify as a gift for motor vehicle tax purposes (resulting in a $10 gift tax), a motor vehicle must be received from one of the following eligible parties:
All other motor vehicle transfers made without payment of consideration are defined as sales and may be subject to standard presumptive value (SPV) procedures.
In addition to completing Form 130-U, Application for Texas Title and/or Registration (PDF), both the donor and person receiving the motor vehicle must complete a required joint notarized Form 14-317, Affidavit of Motor Vehicle Gift Transfer, describing the transaction and the relationship between the donor and recipient. The CTAC or staff member may acknowledge the donor’s or recipient’s signature in lieu of formal notarization, provided that the person whose signature is being acknowledged is present and signs the affidavit in front of the CTAC or staff member, as allowed by the Government Code. An individual with a Power of Attorney (POA) may complete the affidavit on behalf of the principal. This document may be notarized by a notary from another state. A faxed copy is acceptable.
Note: Only one heir is required to sign as donor on Form 14-317.
Form 14-317 should also be included with the title packet.
An individual with a POA has authorization to act on someone else’s behalf in a legal or business matter. The affidavit completed by an individual with a POA is acceptable. If the gift transfer is the result of an inheritance, the Executor/Executrix should sign the gift affidavit as "donor". If the transfer is completed using Texas Department of Motor Vehicle (TxDMV) Form VTR-262, Affidavit of Heirship for a Motor Vehicle (PDF), the heir(s) should sign as donor(s) and, if applicable, recipient(s).
The transfer of a motor vehicle for no consideration, that does not qualify as a gift, is taxed as a sale and SPV procedures may apply. Examples include transfers between the following parties:
All similar motor vehicle transfers made without payment of consideration are defined as sales and may be subject to SPV procedures.