Getting away with Car sales Tax in NY?

[RightWingZionist]

I don't want to pay 8.5% sales tax in for a car in NY. I want to buy a used Impreza 07 for $17G and the tax would be $1445.
If I transfer $18G to my mom's account and she buys it for me as a gift, does she end up paying any taxes or do I?

[sickcallawayc12]

This is just a guess as i don't live in NY, but whoever's name is going on the title will have to pay the tax when they register it. I don't think tax is included when you buy the vehicle on the lot (ever see the "taxes, license extra" thing with TV car ads?). someone WILL have to pay it (it's tax). I understand the frustration though. I pay 8.4% here in Steamboat Coloado.

['97ventureowner]

In NY, when a vehicle is registered, the tax is computed by the county of residence of the owner. This prevents someone from going to a neighboring county which may have a lower tax rate and purchasing a vehicle there hoping to save some money. When you buy a car from the dealer, the tax is figured in as part of the sale using the owners county of residence. The ads may specify taxes and tags extra, but if you look at the dealer's bill of sale you will see those items listed as a line item. The dealer charges you the tax on the vehicle, plus other fees which may include title fee, plates (including transfer fees.) The dealer then pays the DMV when they register the vehicle for you.
Here is an excerpt from the NYS DMV's website which might answer some of your questions:
"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.

If you were not a resident of NYS when the vehicle was purchased, use form DTF-803 to receive a non-resident exemption from NYS sales tax. Form DTF-803 defines the terms "non-resident" and "resident"." The link to that page is:http://www.nysdmv.com/register.htm#prooftax

[RightWingZionist]

* If the vehicle was a gift or was purchased from a family member, use form DTF-802 to receive a sales tax exemption.

But, will the dealer charge my mom sales tax over there? Or will she have to pay a tax?

When I bought my car in Jersey, I paid the 8.5% tax i remember. Car was 5 grand, tax was over $400. I had to go all way to dmv to give them the damn check after waiting in line. Assholes.

['97ventureowner]

I believe the dealer will collect the tax from your mother as they are authorized to do so. If you file that form, you shouldn't have to pay the tax in NY because it is a gift.

[RightWingZionist]

Well that means it's a dead end situation. I wonder if Bill Kolb Subaru will take 10000 in cash and sell me a car for 7 grand lol

[Andydg]

Originally Posted by '97ventureowner

I believe the dealer will collect the tax from your mother as they are authorized to do so. If you file that form, you shouldn't have to pay the tax in NY because it is a gift.

Wouldn't you have to pay a gift tax on something that expensive though...I know in IL anything OVER exactly $10,000 you gotta pay a gift tax.

['97ventureowner]

I was pondering that as I replied to one of the posts. I know there is a section on the tax form that is for gifts. They base it on the value of the vehicle at the time of the gifting. I didn't know if they still would collect another tax on the gift since the tax was just paid on the vehicle. But hey, that's government and nothing surprises me, especially in NY,( which I renamed "Taxes" sorry Texas.) the best thing to do would be to call the NYS DMV and ask one of the customer service reps. They have answered my questions quite well in the past, and are fairly knowledgeable on all aspects of NYS DMV law. Here is a link to the page from their website with the various telephone numbers and contact info:http://nysdmv.com/tollfree.htm

[Andydg]

Originally Posted by '97ventureowner

I was pondering that as I replied to one of the posts. I know there is a section on the tax form that is for gifts. They base it on the value of the vehicle at the time of the gifting. I didn't know if they still would collect another tax on the gift since the tax was just paid on the vehicle. But hey, that's government and nothing surprises me, especially in NY,( which I renamed "Taxes" sorry Texas.) the best thing to do would be to call the NYS DMV and ask one of the customer service reps. They have answered my questions quite well in the past, and are fairly knowledgeable on all aspects of NYS DMV law. Here is a link to the page from their website with the various telephone numbers and contact info:http://nysdmv.com/tollfree.htm

I think they can re-tax it like they do with inheritence, what he could do is have his mom buy it and keep the title in her name, that would keep from having to pay the tax himself. But it differs from state to state so who the hell knows lol.