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Title Information
A title to a vehicle is the legal document showing ownership. If the
vehicle has more than one owner, and the names are joined by
“AND” both owners must sign the title documents for a sale or
transfer to be legal. If “OR” or “AND/OR” appears between
the owner’s name, either owner can sign the title document as the
seller or purchaser of the vehicle.
Every motor vehicle, trailer, semi
trailer, pole trailer, and recreational vehicle when driven or moved
upon a highway must be titled and registered. The following
information applies to all of the above types of vehicles (i.e.
trailers, motorboats, motorcycles etc.) Every new vehicle,
regardless of what type will have a manufacture’s certificate or
statement of origin.
If you purchase a new vehicle, one
that has never been titled in any state, the dealer must provide you
with a manufacturer's certificate or statement of origin. This
document comes from the manufacturer and is provided to the dealer.
When the vehicle is sold the dealer completes the reassignment of
this document, which is what you will need to title your new
vehicle. Whether you purchase the vehicle from a West Virginia
dealer or an out-of-state dealer this document is required in order
to title the new vehicle. In West Virginia the dealer is
required to collect and remit all of the taxes and fees along with
the paperwork to the division, regardless of whether there is a lien
or not. If the vehicle is purchased from an
out-of-state dealer, the application must be accompanied by an
invoice reflecting the purchase price. West Virginia dealers
can certify the price by using the certification on the bottom of
our title application (DMV-1-TR),
if this is not completed, a dealer invoice is required. Fees
required to title a new vehicle include a $10 title fee, 5% tax on
purchase price, $5 lien fee (if applicable) and the standard
registration fee is $30, if transferring a valid West Virginia plate
the transfer fee is $5.50 instead of the $30 fee. If a
trade-in is involved, the 5% tax would be based on the purchase price
minus the trade-in (trade-in must be titled in West Virginia and in
the applicant's name to receive credit, REBATES are taxable).
If the vehicle purchased is used,
you must have the previous owner's title properly reassigned to you
whether it is a West Virginia title or an out-of-state title.
Both the seller and the buyer must sign the back of the West
Virginia title. If it's an out-of-state title the previous
owner must sign the title and the name and address of the new owner
should appear on the title. The new owner would then submit
the out-of-state title along with a West Virginia application for
title (DMV-1-TR). If the
vehicle is less than ten years old the seller must also complete the
odometer disclosure on the title that has to be acknowledged by the
purchaser. The above fees would also apply when titling a used
vehicle whether it's purchased from a dealer or not.
There is a 5% sales tax on
vehicles that are purchased, if the vehicle is purchased from an
individual and the
purchase price is below 50% of the current Automobile Red Book loan
value, a notarized bill of sale must accompany the application for
title, or the tax will be assessed on the Automobile Red Book loan
value. If the purchase price is above 50%, the tax will be
assessed on that price. Any vehicle not purchased from a
registered dealer which is two years old or less will be taxed on
the current Automobile Red Book loan value despite the purchase
price, a notarized bill of sale will not be accepted.
New
Residents
New Residents must have their
vehicles titled and registered within thirty (30) days of
establishing residency.
The fees include a $10 title fee, a
$5 lien fee if applicable, and a regular registration fee of $30.
The 5% sales tax on a vehicles' value has been eliminated for
new residents moving into West Virginia with a vehicle already title
in their name in another state. The vehicle has to be in the
name of the applicant when they apply for title and will be titled
in the same name as the out-of-state title. In order to
qualify for the exemption, the new resident must meet the standards
listed below:
- The applicant was not a resident of this state at the time of
purchasing or otherwise acquiring ownership of the vehicle.
The out-of-state title in their name with an out-of-state address
would be the proof. There is no limit on how long the
vehicle was titled in their name in another state.
- Presents evidence as the Commissioner of Motor Vehicles may
require of having titled the vehicle in the applicant's previous
state of residence. The out-of-state title in the
applicant's name with an out-of-state address would be the proof.
- Has relocated to this state and can present such evidence as
the Commissioner of Motor Vehicles may require showing bona fide
residency in this state. A new West Virginia driver's
license or any other documents we would accept for proof of
residency for a West Virginia driver's license.
- Presents an affidavit, completed by the assessor of the
applicant's county of residence, establishing that the vehicle(s)
has been property reported to the assessor. The affidavit
(DMV-178-R) needs to be completed and signed by the assessor. NO
AFFIDAVIT -- NO EXEMPTION.
- Makes application to the division and pays all the fees
required by law within thirty (30) days of establishing residency
in this state.
The exemption also applies to vehicles (i.e. motor
boats, trailers, ATV's, etc) that are only registered and no title
exists.
This exemption does not apply to leased vehicles,
as the tax on them is different that the standard vehicles. To
receive tax credit on a vehicle being traded for a new vehicle
purchased in West Virginia the trade-in must be first titled in West
Virginia.
If you are moving to West Virginia and the vehicle
is titled in your name in another state and the title is not being held
by a lien holder, you would need to submit your out-of-state title
along with a West Virginia title application
(DMV-1-TR). You would
also need to complete an odometer disclosure, your insurance
information can be listed on the title application, but must be
insured by a company licensed to sell insurance in West Virginia.
If you are moving to West Virginia
and the vehicle title is being held by a lien holder, you must
submit the following:
- A completed form DMV-1-TR,
Application for Certificate of Title
- Insurance information, can be listed on title application
- A completed odometer disclosure statement (DMV-TM-1)
- A copy of the title or a printout if an electronic lien of your out-of-state
title or a letter from your lien holder stating they are holding
your title, the letter should include the vehicle information
along with their correct mailing address. Fees (see
Title
Fees section)
- Completed affidavit, 178-TR, from the county assessor.
Title
Process
If you purchase a vehicle from a licensed West Virginia dealer, the
dealer may accept your fees and submit the fees to the DMV on your
behalf. However, if there is a lien on the vehicle you purchased, the dealer is
required to collect the proper fees from you and apply for the title
on your behalf. If you have a valid West Virginia license
plate, the dealer may transfer your license plates for a fee of
$5.50, which is good for sixty days and allows you to legally
operate your vehicle. If you don't have a plate, the dealer
can
issue a temporary plate which will allow you to legally operate the
vehicle for sixty days. The dealer has sixty days to process
your title.
If you purchase a vehicle from an individual, you may apply for the title and
registration by mail or in person at one of the Division's
Regional Offices.
Work can also be processed through any of the privately owned
license services that are regulated by the division.
Title
Fees
The fees include a 5% sales tax, a $10 title fee, and a $5
lien fee, if there is a lien on the vehicle. The standard registration
(license plate) fee is $30.
The 5% sales tax is based on the purchase price of the vehicle.
Vehicles purchased from a dealer are taxed on the purchase price
only.
Tax is based on the net cost when a vehicle is purchased from a
dealer and the “trade-in” is titled in West Virginia in the name
of the purchaser. Rebates are taxable.
Gift
Transactions
Any time there is a transfer of ownership for no
consideration, monetary or otherwise, the seller must complete a sworn
“AFFIDAVIT OF TRANSFER OF OWNERSHIP WITHOUT CONSIDERATION”. This
affidavit must also be signed by the purchaser and accompany the
certificate of title. This affidavit must be used regardless of the
relationship or state in which the vehicle is titled. Without the
affidavit, the seller will pay tax on the book value, no matter what
the relationship. The affidavit must be completed in its
entirety. Incomplete affidavits will be returned. Anyone
not having a telephone must provide a number they can be reached at. Providing incorrect, false or fraudulent information
about the consideration exchanged, subjects the applicant as well as
the seller to the revocation, suspension and/or cancellation of any
and all driver's licenses, registration plates, card and permits issued
in their name.
Any title application in which a purchase price is listed on the title and an “Affidavit of Transfer of Ownership Without Consideration” is attached will not be accepted as we have conflicting statements. Our Motor Vehicle Code allows the division to refuse the issuance of any title and registration which contains false or fraudulent statements. The original owner will have to apply for a duplicate title and make a new assignment reflecting the correct disclosure as to whether the vehicle was sold or is a gift. If the owner will get a duplicate title, the new owner will pay sales tax on the price listed on the title. If the purchase price has been altered and the division cannon determine what the purchase price is, the new owner will have to pay tax on the book value of the vehicle.
Any title being submitted with an “Affidavit of Transfer of Ownership Without Consideration” attached and a lien(individual or financial institution) is being recorded on the new owner’s title will not be exempt from sales tax. The sales tax will be assessed on five percent of the lien amount. An applicant cannot use the “Affidavit of Transfer of Ownership Without Consideration” when a lien is being recorded on the new owner’s title. Sales tax will be assessed regardless of the relationship.
Any title being submitted which reflects an individual as the lien holder must be accompanied by a copy of the loan agreement or contract. Applies only to individual lien holders, not financial institutions.
Trade In
Previously, in West Virginia trade-in credit was
allowed between husband/wife, or parent/child without the title having
to be changed into the other entities name that was buying the new
vehicle.. With the change from privilege tax to sales tax (July 1,
2008), the vehicle now has to be in the same name as the new vehicle being
titled in order to receive trade-in credit for tax purposes. If the
original owner is giving their vehicle to another entity without
consideration, monetary or otherwise, the original owner of the
vehicle will have to assign the title over to the new owner. Both the
original owner and the entity receiving the vehicle will have to
complete an AFFIDAVIT OF TRANSFER OF OWNERSHIP WITHOUT CONSIDERATION
which will have to be submitted with the title. The new owner can then
apply for title, if the vehicle is a gift, then the fee to transfer
the title into their name will be $10. Although the transaction is a
gift, the original owner’s plates cannot be used by the new owner.
They must either have a valid plate in their name to transfer or
purchase a new plate. Husband/wife can use each other's plates.
If the vehicle being gifted to someone has a lien, the new owner will pay five percent sales tax on the loan balance prior to receiving a clear title for trade-in purposes. Title has to be in the same name as the vehicle being purchase in order to receive trade-in credit(i.e. brother gives his brother a vehicle, but the vehicle has a lien on it, the balance of the lien is $5,000.00). In order to get the title the dealer must pay-off the lien. Once the dealer receives the title the original owner(brother) would then have to sign the title over to the new owner(brother). The brother who is buying a new vehicle must surrender the title and pay sales tax on five percent of the lien( 5% of $5,000.00 = $250.00 sales tax) in order to get trade-in credit on the new vehicle being titled.
Other Things to Remember
About Titles
Do not buy a vehicle from an individual unless the seller has the
title to the vehicle in their name and can give it to you at the
time of sale.
Make certain that the vehicle identification number on the title
matches the vehicle identification number on the vehicle. Also, the
vehicle odometer reading must not be less than the odometer reading
on the face of the title.
When final payment is made, the lien holder will send the title to
the vehicle owner with the lien released, it is recommended at that
time that the vehicle owner apply for a clear title, as the division
is not notified when the lien is released and the lien remains on file
with the division unless such application is made. If the title is lost and a lien is
still on record with DMV, a lien release by the original lien holder
would be required before a clear duplicate title can be issued. This
could cause a delay in the sale of a vehicle. A copy of the
vehicle owner’s driver license must accompany any application for
duplicate title application(DMV-4-TR) Fee $10.
Titles being submitted listing a purchase price, whether the price has been altered or not, and accompanied by a bill of sale showing another price will not be accepted . The original owner must apply for a duplicate title and begin the process over. If unable to obtain a duplicate title, tax will assessed on the book value regardless of what price is reflected on the title or bill of sale.
Odometer Statement
When a motor vehicle is sold or transferred, the odometer reading
must be recorded in the assignment section of the title by the
seller. If the title does not include this section for this purpose,
the seller may record the mileage on an odometer statement on a form
available from DMV. If an odometer reading is not accurate, the
seller must so inform the buyer, and give a fair estimate of the
actual mileage of the vehicle.
A separate odometer disclosure form is ALWAYS required unless:
- The title is a new “Conforming Blue Title” printed after January
1991
- The vehicle is ten (10) or
more model years old
- The vehicle is
non-motorized
- The vehicle has a
registered gross weight or gross vehicle weight rating of more than 16,000 pounds
Use the following formula
to determine if the vehicle is ten or more years old:
THE CURRENT CALENDAR YEAR MINUS TEN EQUALS THE MOST RECENT EXEMPT
MODEL YEAR
Example: 2008 - 10 = 1998. Therefore, 1998 and older vehicles are
exempt.
Recording a vehicle’s mileage and ensuring the accuracy of such
recordings is part of DMV’s efforts to protect consumers.
Recording mileage history helps legal authorities to detect and
prove cases of odometer tampering, or the illegal practice of
“rolling back” a vehicle’s mileage. When this occurs, the true
condition of the vehicle is misrepresented and the buyer is
deceived.
When A
Registrant Dies
After the death of a vehicle owner, a survivor should remove the
name of the deceased registrant from the vehicle's title. This is
necessary for insurance and tax purposes and will lesson the burden
for legal heirs after the death of the survivor.
To transfer the title of a
jointly-owned vehicle (the word “or” appears between the two
names) into the survivor’s name, the survivor signs the back of
the title as the seller. The survivor also completes the remainder
of the title and signs as the purchaser and completes the bottom of
the title as the purchaser.
If the title is in the deceased owner's name only, the executor,
administrator or legal heir, if applicable needs to sign the title
on behalf of the seller. If the title is in joint ownership
with the brand "and" appearing between the names, two signatures are
required, the surving spouse signs and then one of the above
entities would have to sign on behalf of the deceased owner.
If the title is in joint ownership with the brand "or" appearing
between the names, the title can be transferred with just the
surviving owner's signature. Don't need any other signatures.
If no will or administrator exists, the
legal heir(s) can complete a legal heir affidavit (DMV-185-TR), which
will allow the heir to sign on behalf of the deceased owner in order
to transfer the title to the vehicle.
In both instances, the survivor should submit the properly assigned
title, the odometer disclosure information, insurance information
and the current registration card for the vehicle being titled.
If a will exists, a copy of the court appointment documents for the
executor or administrator must be attached to the title allowing
them to sign for the deceased owner, the division will not accept a copy of the
will in lieu of the court appointment.
There are no fees for the transfer of title if the survivor is the
legal heir and the court appointment papers are attached.
Registration
When a vehicle is registered in West Virginia, the registrant will
receive a license plate and registration card, which should be kept
in the vehicle with the current insurance certificate at all times.
The registration fee for passenger vehicles and pickup trucks
weighing 8,000 pounds or less is $30.
Registration Renewal
Renewal notices for your vehicle registration are mailed
approximately 30 days before the registration expires. The
accompanying form may be returned by mail with the correct fee,
insurance information and personal property tax receipt. This
transaction may also be completed at any DMV Regional Office.
County sheriff's offices can renew passenger vehicles (Class A) and motorcycle registrations (Class G).
It is the vehicle owner’s responsibility to know when their plates
expire, the notice is just sent as a reminder.
Other Things to Remember
About Registration
If a registrant fails to receive a renewal notice, renewal may be
completed by submitting a copy of the vehicle's old registration
card, a current insurance certificate or owner’s statement of
insurance, a personal property tax receipt and the correct fee by
mail or to any DMV Regional Office.
Renewal notices are printed several months before they are mailed.
When purchasing a new vehicle within 60 days before current vehicle
registration expires and the renewal notice for the old vehicle is
received, throw away the renewal notice for the car no longer owned.
Renew by mailing a copy of the registration card that has the new
vehicle information, along with the insurance information, personal
property tax receipt and the correct fee. However, dealers have up
to 60 days to submit the paperwork on vehicle purchase, so unless
the new registration card with the new vehicle information, a
vehicle may not be titled in the new vehicle owner's name when the
license plate expires. The new vehicle owner should ask the dealer
to collect enough money to both transfer and renew the registration
for the purchase of a vehicle within 60 days of when the license
plate normally expires. Vehicle owner must provide the dealer
with a copy of their tax receipt in order to transfer and renew at the
same time.
West Virginia offers a variety of special license plates for
veterans and organizations. Have the vehicle already titled and
registered with a regular license plate before applying for any of
the special license plates.
Personal property tax is assessed by the County Assessor and
collected by the County Sheriff. Proof of payment of the tax or an
affidavit from the Assessor is required before license plate
renewal. Contact the nearest county courthouse if questions arise
concerning this tax.
Mandatory Insurance
IT’S THE LAW – West Virginia law requires all registered vehicles to be insured. The minimum amount of coverage required is $20,000 for one accident, one injury, $40,000 for one accident, two or more injuries, $10,000 for property damage. All vehicle insurance policies must be issued by a company licensed to sell insurance in West Virginia. The Compulsory Insurance Law is designed to protect you and all motorists who operate a vehicle in the state of West Virginia.
KEEP IT IN THE GLOVEBOX OF YOUR
VEHICLE: Motorists are required to carry proof of
insurance in the form of a (WV-1) Certificate of Insurance. in their
vehicle at all times. Law enforcement officers will request this
information during any traffic stop or accident.
HOW THE DMV VERIFIES YOUR INSURANCE
COVERAGE: The Division will verify the insurance information provided at the time of registration. The
verification of insurance may be conducted at any time during the registration year. If you receive a notice, you will be required to send back proof of coverage. Failure to do so will result in the suspension of your registration as well as your driver’s license.
IF YOU CANCEL YOUR INSURANCE:
You must bring or mail in the license plate to the Division and fill out a notice of insurance cancellation. The Owner’s Notice of Cancellation (WV-4C) may be brought in to any DMV location or mailed to the Division.
ALL CURRENTLY REGISTERED VEHICLES ARE SUBJECT TO VERIFICATION: If you own a vehicle with a valid license plate and the vehicle becomes inoperable or out of use for any reason, you must maintain insurance or complete a
WV-4C form and return the plate to DMV.
IF YOUR VEHICLE IS USED SEASONALLY: If you have a motorcycle, camper or antique vehicle that is only used for part of the year, it is required to be insured for the time it’s used. You may be required to show proof of insurance for the time the vehicle is used.
During the time the vehicle is stored, you must complete a (WV-4B)
Seasonal Statement of Insurance and submit it to the Division.
THE PENALTIES FOR LACK OF INSURANCE ARE STRINGENT:
Several penalties are in place for motorists who fail to present proof of insurance during a
verification or are found driving without insurance by any law enforcement agency. These administrative penalties affect your vehicle registration, as well as your driver’s license. This does not include any criminal penalties that could result from a conviction in magistrate court. Criminal penalties include fines and jail time and have no bearing on the administrative penalties. Dismissal of the ticket through the court system does not release you from any obligation to provide insurance to the division upon request.
SUSPENSION OF VEHICLE REGISTRATION: If you fail to show proof of insurance, the registration of your vehicle will be suspended. The reinstatement fee is $100, plus proof of insurance. If the division sends a state police secure order on the plate, an additional fee of $50 will be assessed.
SUSPENSION OF YOUR DRIVER’S LICENSE: If you fail to show proof of insurance during a
notice for verification of coverage, your driving privilege will be suspended for
30 days. If a law enforcement officer or insurance company reports you are operating a vehicle without insurance, your license will be suspended for 30 days. A second offense will result in a 90-day suspension. There is no provision in the Motor Vehicle code for a driving permit during a suspended period. After the suspension period ends, you will be required to pay a $50 reinstatement fee.
AN UNPAID TICKET SUSPENSION HAS NO BEARING ON A MANDATORY INSURANCE SUSPENSION: Failure to pay or appear in Court for a ticket, may result in suspension of your driving privileges. Accordingly, when the Court later submits the PAID TICKET to the Division, this will cause any tickets for “No Insurance” to require additional suspension action. Any suspension time for the unpaid ticket issue does not count towards your insurance suspension requirement.
ACCIDENT WITH AN UNINSURED DRIVER: If you are involved in an accident with an uninsured driver, you may file a
judgment through civil court. Once the judgment is awarded, you must submit a copy of the court order and the accident report to the division. Upon receipt, the division will notify the defendant of suspension of the driver’s license. The suspension will remain in effect until the
judgment is either paid in full or the defendant has entered into an installment agreement.
FILING OF FALSE OR FRAUDULENT INSURANCE INFORMATION
WILL RESULT IN A MANDATORY 90-DAY SUSPENSION OF YOUR DRIVER’S LICENSE,
REVOCATION OF YOUR VEHICLE AND POSSIBLE PROSECUTION THAT CARRIES A
FINE OF NOT MORE THAN $1,000 AND JAIL TIME NOT TO EXCEED ONE YEAR.
WHAT TO DO IF YOUR DRIVER’S LICENSE AND REGISTRATION ARE SUSPENDED: If you are sent a notice of suspension, we urge you to obtain insurance immediately and send proof to the division. To reinstate your vehicle registration, you must show proof of insurance and pay a required reinstatement fee.
If your driver’s license is suspended, you are required to complete the suspension period. You may pay the reinstatement fee before the suspension period is complete
and the division can set a date of reinstatement at that time.
All insurance questions and reinstatement transactions can be handled by mail or in person at our Capitol Complex office.
COMPULSORY INSURANCE SECTION
Room 118, Building 3, Capitol Complex
Charleston, WV 25317
(304) 558-0274 or 1 (800) 642-9066
To check if a company is licensed in West Virginia
or to obtain a consumer complaint form contact the
West Virginia Insurance
Commission.
Vehicle Inspection
West Virginia requires a routine safety inspection every twelve (12)
months. Vehicles may be inspected at any official inspection station
licensed by the West Virginia State Police. When a vehicle passes
the inspection, a sticker valid for twelve (12) months will be
placed on the inside of the windshield. It is illegal to drive a
vehicle without a valid inspection sticker.
New residents have 10 days from the date they title a vehicle to
have a West Virginia inspection. This also includes the purchase of
vehicles out of state. West Virginia has reciprocity with Louisiana,
Mississippi, Missouri, New Hampshire, New York, Oklahoma, Texas,
Utah, and Wyoming. Therefore, out of state inspection sticker from
these states is valid in West Virginia until expiration.
Any vehicle purchased or otherwise acquired within West Virginia not
having a valid inspection sticker must be inspected within three
days.
Have a valid registration card and a current certificate of
insurance in the vehicle at the time of inspection.
Visit the WV State Police Motor Vehicle Safety Program for more information about vehicle inspections
Lost or Stolen Plates,
Registration Card and Decals
Immediately notify the West Virginia State Police if a license plate
is lost or stolen. The fee for a duplicate license plate is $5.50.
An insurance certificate or owner’s statement of insurance is
required before we can issue a duplicate plate. The fee for a
duplicate decal or a duplicate registration card is $5.00. Customers
can call the DMV and request a form DMV-32 to get any of these three
items replaced.
Worn,
Faded, or Illegible License Plates
If a license plate becomes worn, faded, or otherwise illegible,
request a new plate at the time of renewal. There is no additional
charge. If you request a new plate at any other time, there is a
$5.50 fee.
A Word About Vehicle Waste
and the Environment
How does operating a car or truck endanger the environment? The
following waste products pose the biggest threats: dirty motor oil,
old tires, antifreeze and batteries. If dumped in a lake, the oil
from a single oil change (about a gallon) can ruin a million gallons
of water. When stockpiled illegally, used tires collect water,
attract mosquitoes and become a temptation for arsonists. The United
States Environmental Protection Agency lists antifreeze as a
hazardous waste. Old batteries contain large amounts of lead and
sulfuric acids, also hazardous wastes. The good news is that all of
these “waste” products can be recycled and reused. To learn how,
call 1-800-472-8286. |
