Vehicle Gift Tax in Delaware: Who Pays, Who's Exempt, and What Forms You Need

Gifting a car in Delaware comes with specific tax rules that vary by relationship and vehicle value. Here is what the recipient owes, which family members qualify for exemptions, and exactly which forms to file.

Does Delaware Tax Vehicle Gifts?

Rules vary significantly by state — some states offer full exemptions for family gifts, others charge full sales tax on fair market value.

Always check with your state DMV or tax authority before completing the transfer.

Family Members Exempt in Delaware

Varies by state — spouses are commonly exempt; parent-child transfers may or may not be exempt

Contact your state DMV to confirm whether your relationship qualifies for a gift tax exemption.

Required Forms

Most states require a title transfer form plus a gift affidavit or statement of transaction

Your state DMV will provide the correct forms. Some states require notarization of the gift affidavit.

How Fair Market Value Is Assessed

Most states use NADA or Kelley Blue Book retail value as the baseline fair market value for tax assessment.

If the vehicle has significant damage or high mileage, a professional appraisal can support a lower FMV.

Federal Gift Tax

The federal annual gift exclusion is $18,000 (2024). Gifts above this amount require IRS Form 709. Most vehicle gifts fall under this threshold.

Penalty for Misrepresentation

Misrepresenting a sale as a gift to avoid taxes is tax fraud in all states. Penalties include back taxes, interest, and potential criminal charges.

Delaware-Specific Facts for Vehicle Gift Tax

Delaware Vehicle transfer fees and requirements

In Delaware, the title transfer fee is $55 and registration costs $40 per year. Vehicle sales are subject to No sales tax; 4.25% Document Fee on vehicle price. Delaware does not require notarization for private-party vehicle transfers. Emission testing is required in Delaware — verify the vehicle passes before completing the sale.

No state sales tax but 4.25% Document Fee applies
Emissions testing required in New Castle and Kent counties
VIN inspection required for out-of-state titled vehicles

Delaware sales tax on vehicle purchases

Delaware has a 0% state sales tax rate. No sales tax; 4.25% Document Fee on vehicle price. Private-party vehicle sales in Delaware may be exempt from state sales tax. No state sales tax, but a 4.25% Document Fee applies to vehicle transfers. The title transfer fee is $55.

Delaware bill of sale statistics

BillOfSaleNow has generated 314 bill of sale documents for Delaware transactions, with 9 generated this month alone. The most popular vehicle type is car.

More Delaware Vehicle Guides

Each guide is written specifically for Delaware laws, agencies, and procedures. Bookmark for future reference.

Frequently Asked Questions

Do I owe sales tax when I gift a car to a family member in Delaware?

Rules vary significantly by state — some states offer full exemptions for family gifts, others charge full sales tax on fair market value. Always check with your state DMV or tax authority before completing the transfer.

Which family members are tax-exempt for vehicle gifts in Delaware?

Varies by state — spouses are commonly exempt; parent-child transfers may or may not be exempt. Contact your state DMV to confirm whether your relationship qualifies for a gift tax exemption.

What forms do I need to gift a car in Delaware?

Most states require a title transfer form plus a gift affidavit or statement of transaction. Your state DMV will provide the correct forms. Some states require notarization of the gift affidavit.

Does federal gift tax apply to vehicle gifts in Delaware?