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Who Pays Taxes When Selling a Car?

Published in Car Tax 3 mins read

When selling a car, the primary tax responsibility typically falls on the buyer, who pays sales tax directly to the state when registering the vehicle. However, sellers might also face tax consequences in specific situations.

Buyer's Tax Responsibilities

The most common tax associated with a car sale is the sales tax. This tax is paid by the buyer, not the seller.

  • Sales Tax Payment: When a buyer purchases a used car, they are responsible for paying sales tax to their state's Department of Motor Vehicles (DMV) or equivalent agency. This payment occurs when they register the car in their name.
  • Not Paid to Seller: Buyers do not pay sales tax directly to the person selling the car. Instead, it's an obligation to the state government.
  • State-Specific Rates: Sales tax rates vary significantly by state, and some states may even offer exemptions or different rates for private party sales versus dealership sales.

Seller's Tax Considerations

While sellers generally do not collect or pay sales tax on a used car transaction, selling a used car can sometimes have other tax consequences for the seller.

  • Capital Gains Tax (Potential): For most personal vehicles, sellers do not owe capital gains tax because cars typically depreciate in value. However, if you sell a car for more than you originally paid for it (e.g., a classic car, a rare collectible, or a vehicle that significantly appreciated), you might be subject to capital gains tax on the profit. This is less common for standard used cars.
  • Tax Documentation: Even if no tax is owed, sellers often need to provide documentation of the sale, such as a bill of sale, for their own records and to ensure the title transfer is correctly processed.

Understanding Tax Responsibilities

To clarify who pays what when a car changes hands, here's a summary:

Party Type of Tax When Paid To Whom Paid Common Scenarios
Buyer Sales Tax At the time of vehicle registration State Department of Motor Vehicles (DMV) or equivalent agency Applies to almost all used car purchases from private parties or dealerships.
Seller Capital Gains Tax (Potential) As part of annual income tax filing, if applicable Internal Revenue Service (IRS) and/or state tax authority Only applies if the car is sold for a profit (i.e., more than its original purchase price), which is rare for standard depreciating vehicles.

Key Takeaways for Sellers

  • No Sales Tax Collection: As a seller, you are not responsible for collecting sales tax from the buyer.
  • Record Keeping: Always keep thorough records of the sale, including a bill of sale, the selling price, and the date of sale. This protects you and serves as proof that the vehicle is no longer your responsibility.
  • Consult a Professional: If you're selling a high-value or unique vehicle, or if you have specific tax concerns, consulting a tax professional is always advisable to understand potential implications.