When should I use the gift transfer page?
Use this page when your side by side sale in Wisconsin fits a gift transfer scenario. It walks you through the specific disclosures and details that apply to this type of transaction.
Gift transfer — Wisconsin
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What to know about gift transfer sales in Wisconsin
If the vehicle's fair market value exceeds the annual gift tax exclusion ($18,000 for 2024 per IRS), the donor must file IRS Form 709 (United States Gift and Generation-Skipping Transfer Tax Return). The lifetime exemption ($13.61 million in 2024) typically means no tax is owed, but the form is still required. Some states require the word "gift" on the title or a separate gift affidavit to waive use tax.
What to include in your bill of sale
- Full legal names and addresses for both buyer and seller.
- Side by Side make, model, year, VIN, and current mileage.
- Agreed sale price, payment method, and transaction date.
- Any gift transfer-specific disclosures required in Wisconsin.
Seller guidance
If the vehicle's fair market value exceeds the annual gift tax exclusion ($18,000 for 2024 per IRS), the donor must file IRS Form 709 (United States Gift and Generation-Skipping Transfer Tax Return). The lifetime exemption ($13.61 million in 2024) typically means no tax is owed, but the form is still required. Some states require the word "gift" on the title or a separate gift affidavit to waive use tax.
Buyer guidance
You will likely owe use tax on the fair market value of the vehicle at registration unless your state exempts immediate family gifts. California, for example, exempts transfers between parents, children, spouses, and domestic partners. Check your state DMV for exemption eligibility.
Wisconsin-Specific Note
Wisconsin charges 5% state sales tax plus 0.5% county tax on vehicle sales, but exempts immediate family transfers. Qualifying family includes spouse, parent, child, sibling, grandparent, and grandchild. Complete Title/License Plate Application (Form MV1) and mark as a family transfer to claim the exemption.
Legal considerations
Wisconsin charges 5% state sales tax plus 0.5% county tax on vehicle sales, but exempts immediate family transfers. Qualifying family includes spouse, parent, child, sibling, grandparent, and grandchild. Complete Title/License Plate Application (Form MV1) and mark as a family transfer to claim the exemption.
Wisconsin Legal Requirements
Under federal law, gifts of vehicles exceeding $18,000 in fair market value (2024 annual exclusion) require the donor to file IRS Form 709, though the $13.61 million lifetime exemption means actual gift tax is rarely owed. Most states do not impose a separate state gift tax, but many require a gift affidavit or notation on the title to waive sales or use tax. Check your state DMV for the specific form and eligible family relationships that qualify for the tax exemption.
Source: IRC § 2503(b); IRS Form 709
Checklist for this transaction
- 1Establish fair market value (Kelley Blue Book or comparable)
- 2Determine if IRS Form 709 filing is required (value >$18,000 in 2024)
- 3Obtain state-specific gift affidavit or complete the gift section on the title
- 4Confirm state sales/use tax exemption eligibility for family gifts
- 5Notarize the bill of sale or gift affidavit if your state requires it
- 6Complete Form MV1 (Title/License Plate Application)
- 7Mark the transaction as a family transfer to claim the tax exemption
- 8Verify the recipient qualifies as immediate family under WI law
Need the printable workflow?
Use the main Wisconsin side by side bill of sale flow when you are ready to generate the completed document.
Open Wisconsin Side by Side bill of saleFrequently asked questions
Why does the gift transfer scenario have its own page?
Different sale scenarios — such as private party, dealer, or gifted transfers — have different documentation requirements. This page focuses on what buyers and sellers need for a gift transfer transaction specifically.
What should be included in this bill of sale?
Include the buyer and seller details, vehicle identifiers, sale price, date, signatures, and any notes specific to the gift transfer transaction.
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