- Jan 23, 2001
- 7,714
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I live in New York, and I'm going to buy a car from a person in West Virginia. I've been reading the NYS DMV website, but from what other people have told me, I'm confused. The DMV website sais the following regarding sales tax:
Proof of sales tax payment, sales tax exemption, or purchase price. You must pay the sales tax, prove that it was paid, or prove your exemption at the DMV office when there is a change of ownership, a lease agreement, or a new resident of NYS applies for a NYS registration or title certificate. You must get a sales tax receipt from the DMV even if the transaction is exempt from sales tax.
If the name of the owner that appears on the NYS title certificate will not change, sales tax forms and proofs are not required. See the information below if you were not a resident of NYS when the vehicle was purchased.
If you bought the vehicle from a NYS automobile dealer or an out-of-state dealer that is authorized to collect NYS sales tax, bring the dealer's bill of sale that shows that you paid NYS sales tax. Also bring form MV-50 (NYS dealer only) or form DTF-803 (out-of-state dealer). If NYS sales tax was paid to a NYS dealer, sales tax is not collected when you apply for a vehicle registration, and the DMV does not issue a sales tax receipt.
If you bought your vehicle from another person in a private sale, both the buyer and the seller must complete form DTF-802. Bring the form to a DMV office. The DMV calculates and collects the sales tax, and issues a sales tax receipt.
If you leased the vehicle, see the information about leased vehicles.
If the vehicle was a gift or was purchased from a family member, use form DTF-802 to receive a sales tax exemption.
If you paid out-of-state sales tax, show the out-of-state dealer bill of sale. The bill of sale must show the purchase price and the amount of out-of-state sales tax paid to the dealer. Use form DTF-804 to claim credit for the state and local sales taxes you paid in the other state. This process can reduce the amount of your NYS sales tax if NYS and the other state have an agreement about sales tax.
Now other people have said that you don't need to pay the tax if you get the seller to write down the selling amount as the real selling amount - amount of tax. IE if I buy a car for $10,000 and sales tax is 5% they put down $9500 as the selling price and $500 as tax paid. This kind of makes sense, but do they actually pay the tax? That wouldn't make sense because then they wouldn't be getting what they asked for the car. If they don't actually pay the tax , how do I show proof to the DMV that sales tax was paid? This is the first car I'm buying and I have to say it is entirely too much of a pain in the butt just to get the damn transaction legal so I can register and drive the car! Anybody buy a car recently that can tell me how they did this? Since the car is in West Virginia I want to make sure I've got everything I need signed sealed etc since most of it's going to be done by mail. I'd like to get everything with one letter back and forth taken care of.
Proof of sales tax payment, sales tax exemption, or purchase price. You must pay the sales tax, prove that it was paid, or prove your exemption at the DMV office when there is a change of ownership, a lease agreement, or a new resident of NYS applies for a NYS registration or title certificate. You must get a sales tax receipt from the DMV even if the transaction is exempt from sales tax.
If the name of the owner that appears on the NYS title certificate will not change, sales tax forms and proofs are not required. See the information below if you were not a resident of NYS when the vehicle was purchased.
If you bought the vehicle from a NYS automobile dealer or an out-of-state dealer that is authorized to collect NYS sales tax, bring the dealer's bill of sale that shows that you paid NYS sales tax. Also bring form MV-50 (NYS dealer only) or form DTF-803 (out-of-state dealer). If NYS sales tax was paid to a NYS dealer, sales tax is not collected when you apply for a vehicle registration, and the DMV does not issue a sales tax receipt.
If you bought your vehicle from another person in a private sale, both the buyer and the seller must complete form DTF-802. Bring the form to a DMV office. The DMV calculates and collects the sales tax, and issues a sales tax receipt.
If you leased the vehicle, see the information about leased vehicles.
If the vehicle was a gift or was purchased from a family member, use form DTF-802 to receive a sales tax exemption.
If you paid out-of-state sales tax, show the out-of-state dealer bill of sale. The bill of sale must show the purchase price and the amount of out-of-state sales tax paid to the dealer. Use form DTF-804 to claim credit for the state and local sales taxes you paid in the other state. This process can reduce the amount of your NYS sales tax if NYS and the other state have an agreement about sales tax.
Now other people have said that you don't need to pay the tax if you get the seller to write down the selling amount as the real selling amount - amount of tax. IE if I buy a car for $10,000 and sales tax is 5% they put down $9500 as the selling price and $500 as tax paid. This kind of makes sense, but do they actually pay the tax? That wouldn't make sense because then they wouldn't be getting what they asked for the car. If they don't actually pay the tax , how do I show proof to the DMV that sales tax was paid? This is the first car I'm buying and I have to say it is entirely too much of a pain in the butt just to get the damn transaction legal so I can register and drive the car! Anybody buy a car recently that can tell me how they did this? Since the car is in West Virginia I want to make sure I've got everything I need signed sealed etc since most of it's going to be done by mail. I'd like to get everything with one letter back and forth taken care of.
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