Donating or Giving Away an Off-Highway Vehicle

Giving an off-highway vehicle to a person

Transferring ownership of an off-highway vehicle to another person or entity is generally subject to tax, but certain gifts are exempt. An off-highway vehicle qualifies as an exempt gift if all of the following apply:

  • You, as the giver, don’t receive services or anything of value for the off-highway vehicle.
  • Your relationship with the recipient supports the basis for a gift.
  • The recipient doesn’t assume any of your debts or liabilities.
  • Neither you nor the recipient owes money on the off-highway vehicle.

Notes

  • If you transfer an off-highway vehicle to someone else and allow them to “take over payments,” the recipient has assumed a debt. The transfer isn’t a gift, and the buyer owes tax on the value of the remaining payments.
  • You might be required to provide more information if you have a business relationship with the recipient.

When you give away an off-highway vehicle that qualifies as an exempt gift, give the recipient a completed pdf Form ST-133GT – Use Tax Exemption Certificate – Gift Transfer Affidavit, with your signature. The recipient also must sign the form.

Donating an off-highway vehicle

You must pay sales or use tax on the purchase of any off-highway vehicle, even if you intend to give it away.

  • You must pay sales or use tax if you buy an off-highway vehicle specifically to donate.
  • You don’t owe use tax if you donate an off-highway vehicle you already own and have paid tax on.

Donations like those in the examples above might be a gift if all of the following apply.

  • The recipient isn’t performing any services to get the donation.
  • The recipient isn’t giving you anything of value for the donation.
  • The recipient isn’t assuming any of your debts.

Note: You might be required to provide more information if you have a business relationship with the recipient.

When you give away an off-highway vehicle that qualifies as an exempt gift:

Receiving an off-highway vehicle as a gift or prize

You don’t owe use tax when you receive an off-highway vehicle that qualifies as a gift or is a prize.

You and the donor must complete and sign a pdf Form ST-133GT – Use Tax Exemption Certificate – Gift Transfer Affidavit.

  • Present the completed Form ST-133GT when you register the off-highway vehicle.
  • If the donor can’t sign the affidavit, you can do one of the following.
    • Provide a signed letter from the donor stating that the off-highway vehicle is a gift.
    • The donor can sign and mark the title as a gift.