Statement Of Transaction-sale Or Gift Of Motor Vehicle, Trailer, Atv, Boat, Or Snowmobile (N/a)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Statement Of Transaction-sale Or Gift Of Motor Vehicle, Trailer, Atv, Boat, Or Snowmobile (N/a) is a commonly used form within New York. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Use this form to certify sale price for sales tax calculation when vehicle, vessel, etc. is transferred in a casual sale or as a gift.

Atticus Fast Facts About Statement Of Transaction-sale Or Gift Of Motor Vehicle, Trailer, Atv, Boat, Or Snowmobile (N/a)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Statement Of Transaction-sale Or Gift Of Motor Vehicle, Trailer, Atv, Boat, Or Snowmobile (N/a):

• This form pertains to the State of New York

• The current version of this form was last revised on January 1, 1970

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about New York’s Form Statement Of Transaction-sale Or Gift Of Motor Vehicle, Trailer, Atv, Boat, Or Snowmobile (N/a) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct New York form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some New York probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Statement Of Transaction-sale Or Gift Of Motor Vehicle, Trailer, Atv, Boat, Or Snowmobile (N/a), take a break, and then review. Probate and estate settlement processes in NY are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Statement Of Transaction-sale Or Gift Of Motor Vehicle, Trailer, Atv, Boat, Or Snowmobile (N/a) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Statement Of Transaction-sale Or Gift Of Motor Vehicle, Trailer, Atv, Boat, Or Snowmobile (N/a) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in New York.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster New York can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in New York. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of New York is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for New York probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local New York probate clerk or court for exact answers regarding Form Statement Of Transaction-sale Or Gift Of Motor Vehicle, Trailer, Atv, Boat, Or Snowmobile (N/a), and when in doubt— consult a qualified trust & estates lawyer for that area.

Statement Of Transaction-sale Or Gift Of Motor Vehicle, Trailer, Atv, Boat, Or Snowmobile (N/a) is one of the many probate court forms available for download through Atticus.

It may also be available through some New York probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within New York.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Statement Of Transaction-sale Or Gift Of Motor Vehicle, Trailer, Atv, Boat, Or Snowmobile (N/a) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the New York probate court office.

Statement Of Transaction-sale Or Gift Of Motor Vehicle, Trailer, Atv, Boat, Or Snowmobile (N/a) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any New York-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on New York Form Statement Of Transaction-sale Or Gift Of Motor Vehicle, Trailer, Atv, Boat, Or Snowmobile (N/a). You can use this to get an idea of the context of the form and what type of information is needed.

DTF-802 (5/15) Instructions The new owner's social security number, taxpayer identification number (TIN), or federal employer identification number (EIN) is required. Use this form when sales tax was not collected at the time of purchase or when the vehicle was received as a gift. If the donor/seller is not required to complete Section 6, the new owner must have a copy of the bill of sale signed by the seller. The seller or donor must complete Section 6 if: • the motor vehicle is a gift or is sold below fair market value to a person other than a spouse, parent, child, stepparent, or stepchild • the trailer, ATV, boat, boat/trailer combination, or snowmobile is a gift, or is sold below fair market value If for any reason you must obtain a registration or title before you can establish the amount of tax due based on the less than fair market value purchase price, you may obtain tax clearance by paying the tax due based on the fair market value as established by the Tax Department. If this results in an overpayment, you may apply to the Tax Department for a refund or credit of the amount overpaid. Note: • If you are claiming an exemption other than a gift, use Form DTF-803 instead. • If you are claiming credit for taxes paid to another state, use Form DTF-804 instead. • If you are registering more than one motor vehicle for the same taxing jurisdiction, use Form DTF-805 instead. Department of Taxation and Finance Statement of Transaction – Sale or Gift of Motor Vehicle, Trailer, All-Terrain Vehicle (ATV), Vessel (Boat), or Snowmobile Section 1 – Vehicle information Section 2 – New owner information Section 3 – Previous owner information Type of vehicle (mark one box) Motor vehicle Trailer Boat/Trailer combination ATV Snowmobile Boat (length in feet): ft. Year Make Model Vehicle or hull identification number Last name, first name, middle initial or business name Social security number/TIN / EIN Number and street address City, state, and ZIP code County Business address (if commercial vehicle) (number and street) City, state, and ZIP code Delivery location (complete only for an ATV or snowmobile) City County Storage / use location (complete only for an ATV or snowmobile) City County Last name, first name, middle initial or business name EIN (if applicable) Number and street address City, state, and ZIP code County Section 4 – Transaction information Do you have a residence in this county? (If Ye s, see Tax rate note in Section 5) Yes No Date of transaction Relationship of new owner to previous owner (mark one box) None Spouse Parent Child Stepparent Stepchild Other (describe): This transaction is a (mark one) Gift of a motor vehicle to a person other than spouse, parent, child, stepparent, or stepchild. (donor must complete Section 6) Purchase of a motor vehicle at below fair market value by a person other than spouse, parent, child, stepparent, or stepchild. (seller must complete Section 6) Gift of a trailer, ATV, boat, or snowmobile (donor must complete Section 6) Purchase of a trailer, ATV, boat, boat/trailer combination, or snowmobile at below fair market value (seller must complete Section 6) Gift or purchase of a motor vehicle to spouse, parent, child, stepparent, or stepchild None of the above / / mm dd yyyy Date Initials Office Fair market value Audit Tax Rate Tax paid Term no. % For office use only Boats and boat/trailer combinations only – enter trailer information below Year Make Model Vehicle identification number Page 2 of 2 DTF-802 (5/15) Purchaser certification – I certify that the above statements are true and complete; and I make these statements with the knowledge that willfully issuing a false or fraudulent statement with the intent to evade tax is a misdemeanor under Tax Law section 1817(b), and Penal Law section 210.45, punishable by a fine up to $10,000 for an individual and $20,000 for a corporation. If this form is submitted by someone other than the new owner/lessee, provide the following: Section 5 – Purchase information 1 Purchase price Value a. Amount of cash payment .......................................................................................... 1a $ b. Balance of payments assumed ................................................................................. 1b $ c. Value of property given, traded, or swapped, or services performed instead of cash payment ... 1c $ d. Purchase price (total of lines 1a, 1b, and 1c) ....................................................................................................... 1d $ Boats and boat/trailer combinations: For purchases or uses on or after June 1, 2015, tax only applies to the first $230,000 of the purchase price. Do not enter more than $230,000 on line 1d. 2 Was this transaction the purchase or gift of a motor vehicle from your spouse, parent, child, stepparent, or stepchild? Yes (enter 0 on line 4; no tax is due) No (continue to line 3) 3 Tax rate* (enter as a decimal) ................................................................................................................................3 4 Sales tax due (multiply line 1d by line 3) .................................................................................................................. 4 $ 5 Is the amount on line 1d lower than fair market value? Yes (seller/donor must complete Section 6) No (sign certification below) N/A (Sale of boat for more than $230,000) * Tax rate note: For a motor vehicle, trailer, boat, or boat/trailer combination use the tax rate of the new owner's place of residence. If the purchaser is a resident in two or more counties in the state, use the rate in effect in the place where the motor vehicle, trailer, boat, or boat/trailer combination will be principally used or garaged. If the new owner is a business, use the tax rate of the place of business. If the business has locations in two or more counties in the state, use the rate in effect in the place where the motor vehicle, trailer, or boat will be principally used or garaged. For an ATV or snowmobile, use the higher rate of where the new owner took delivery, or where the vehicle is stored or used if new owner has a residence in storage/use locality. Section 6 – Affidavit of sale or gift of a motor vehicle, trailer, ATV, vessel (boat), or snowmobile The seller or donor must complete if: • the motor vehicle is a gift to a person other than a spouse, parent, child, stepparent, or stepchild • the motor vehicle is sold below fair market value to a person other than a spouse, parent, child, stepparent, or stepchild • the trailer, ATV, boat, or snowmobile is a gift •the trailer , ATV , boat, boat/trailer combination, or snowmobile is sold below fair market value 6 Cash payment received .................................................................................................................................... 6 $ 7 If, as a condition for the sale or gift of the vehicle or boat, the purchaser/recipient did any of the following in addition to, or in lieu of, a cash payment, mark an X in the appropriate box and indicate the value of the service or goods you received. Value a Performed any service ..................................................................................................... Yes No 7a $ b Assumed any debt ........................................................................................................... Yes No 7b $ c Traded/swapped a vehicle or other property ................................................................... Yes No 7c $ d Total selling price (total of lines 6, 7a, 7b and 7c) ............................................................................................. 7d $ 8 Complete only if a corporation or business is the seller/donor a Was or is the purchaser/recipient an employee, officer, or stockholder of the company/corporation? ........................ Yes No b Was the transaction part of any terms of employment, employment contract, or termination agreement? ................. Yes No 9 If you answered Yes to any part of line 7 or line 8, provide an explanation: Seller/Donor certification – I have reviewed the information on Form DTF-802 and I certify that the statements are true and complete. I make these statements with the knowledge that willfully issuing a false or fraudulent statement with the intent to evade tax is a misdemeanor under T ax Law section 1817(b) and Penal Law section 210.45 punishable by a fine up to $10,000 for an individual and $20,000 for a corporation. Signature Name (printed or typed) Date SignatureDate Name/business name Social security number, TIN, or federal EIN Address Privacy notification – See our Web site at www.tax.ny.gov or Publication 54, Privacy Notification.