Rex_racer_small
Reputation: 690

Selling a car, but calling it a gift - can you avoid tax this way (still)?

Used to be, back in the day --
There was this lovely loophole that real people (not picture perfect Eagle Scouts) would use and I recall it being legal so long as you weren't a curbstoner.
If you were a seller of a used car, and sold a car -private party to private party- you could put down that you sold it for $50 or even put down it was a gift. The buyer would then, conveniently enough, "gift" you the difference between that and the price you actually wanted for it (often in cash). No one would pay sales taxes and since neither party was a dealer nor retailer, and one of you ALREADY paid thousands of dollars in taxes once (namely, the buyer, if they were a firsttime owner) everyone involved felt like the government got its due AND everything was more than fair.

I haven't done a private party sale in almost 2 decades. Is this "loophole" still done in WA state? If so is it still technically legal (or do you have to be blood relatives now)?

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4 Answers

  • Wa_usa_small
    Reputation: 2677

    You're asking two questions here:

    1) Does the loophole still exist? YES, vehicles that are gifted are exempt from the use tax. http://www.dol.wa.gov/vehicleregistration/usetax.html

    2) Is it still technically legal? HELL NO, and it NEVER WAS. If you lie to the state and say a vehicle you sold was a gift you are committing fraud and tax evasion. This is REALLY, REALLY ILLEGAL.

    Just pay the tax.

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  • Gold-head_small
    Reputation: 6000

    If you do this, I hope you get busted.

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  • Sho_small
    Reputation: 1226

    Ditto soundslikepuget.

    As an aside, I bought a truck last year from a private seller, and while transferring the title at the DOL branch, their computer system had a problem with the amount I was paying for the vehicle. The guy sold me the truck for $4500 less than what the DOL's system thought the vehicle was worth. The sale was totally legit; the guy just wanted to get rid of an extra vehicle quickly. However, we had to invent all of these reasons on the form (with the help of the DOL branch manager) to get the system to accept the price in order for me to pay tax on the actual sale price. We ended up writing that the truck needed paint, new tires and some body work. It needed none of these things, but the manager pointed out that the DOL system will accept price reductions like that. I think it helped that we were obviously not trying to scam anyone (meaning I was still paying a goodly amount in taxes), and that the truck in question was parked outside the door of the DOL branch in full view of the manager who was helping us. I doubt he would have been so helpful had I been trying to buy that truck for $50.

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  • Min-wage_small
    Reputation: 1421

    Obviously this was never legal, and you know it. You just wanted to see if you could get away with it or if the state had put safeguards in place to prevent this.

    If you're not paying the tax yourself - since the buyer will pay it - why do you care? Why are you so pissy when people give you the facts?

    Also: taxophobe? Bullshit. Nobody likes paying taxes but we sure complain when the roads don't get fixed. You can't have it both ways.

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