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Gift transfer — Delaware

Delaware Side by Side bill of sale for gift transfer

Complete your Delaware side by side bill of sale for a gift transfer transaction. Enter buyer and seller details, vehicle information, and generate a signed PDF in minutes.

DelawareSide by SideGift transfer
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Reviewed against state DMV requirementsLast reviewed: March 20266 min readEditorial policy

What to know about gift transfer sales in Delaware

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 Delaware.

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.

Legal considerations

IRS Form 709 is required when cumulative gifts to one person exceed the annual exclusion in a calendar year. Vehicle value is based on fair market value (e.g., Kelley Blue Book). Many states require a notarized statement of gift or an affidavit to qualify for sales/use tax exemption. Some states (e.g., Texas Form 14-317) have a dedicated gift transfer form.

Delaware 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

Delaware Side by Side transfer fees and requirements

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

Delaware has a 0% state sales tax rate. No sales tax; 4.25% Document Fee on vehicle price. Private-party side by side 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.

Side by Side market data and safety information

The most common side by side makes in private-party sales are Polaris, Can-Am, Honda, Yamaha, Kawasaki. Average private-party side by side prices range from $5,000–$30,000. Side by sides average 2.6 NHTSA recalls per model across categories including Steering, Fuel System, Fire Hazard.

Safety checkpoints for buying a used side by side

Before completing a side by side bill of sale in Delaware, verify these safety items:

  • Verify ROPS (cage) is intact and meets manufacturer specifications
  • Check all seat belts and door/net latching mechanisms
  • Inspect CV axles and boots — the highest-wear item on side-by-sides
  • Test power steering operation and differential lock engagement

Side by Side insurance and depreciation in Delaware

Insurance averages $200–$600/year. Multi-passenger models cost more. Required for on-road use. Side-by-sides depreciate 30–40% in 3 years. Sport models (RZR, Maverick) depreciate faster than utility models (Ranger). Peak season for private side by side sales is spring for recreation, fall for hunting season, with an average of 25 days on market.

Side by Side registration and titling

Side by Sides are classified as "Off-highway vehicle (OHV) — some states allow street-legal conversion" for registration purposes. Side-by-sides range from 1,000–2,000 lbs. Multi-seat crew models weigh more. Federal odometer disclosure does not apply to side by sides.

Delaware requirements for gift transfer side by side sales

For side by side gift transfer transactions in Delaware, the buyer must pay No sales tax; 4.25% Document Fee on vehicle price and a $55 title transfer fee. Notarization is not required. Odometer disclosure is required.

  • 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

Safety tips for gift transfer side by side transactions

When completing a gift transfer side by side sale in Delaware, always verify the vehicle against NHTSA recall databases. The most common side by side recall categories are Steering, Fuel System, Fire Hazard. Check recalls at NHTSA.gov/recalls before signing the bill of sale.

Checklist for gift transfer side by side sale in Delaware

  1. Establish fair market value (Kelley Blue Book or comparable)
  2. Determine if IRS Form 709 filing is required (value >$18,000 in 2024)
  3. Obtain state-specific gift affidavit or complete the gift section on the title
  4. Confirm state sales/use tax exemption eligibility for family gifts
  5. Notarize the bill of sale or gift affidavit if your state requires it

Need the printable workflow?

Use the main Delaware side by side bill of sale flow when you are ready to generate the completed document.

Open Delaware Side by Side bill of sale

The Private Vehicle Sale Market

17.5M private sales/yr

About 17.5 million private-party vehicle transactions happen in the U.S. each year — roughly 47% of the used market.

Source: Cox Automotive 2024

Frequently asked questions

When should I use the gift transfer page?

Use this page when your side by side sale in Delaware fits a gift transfer scenario. It walks you through the specific disclosures and details that apply to this type of transaction.

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.

What are the Delaware fees for a gift transfer side by side transfer?

Delaware charges a $55 title transfer fee. Registration costs $40 per year. Sales tax: No sales tax; 4.25% Document Fee on vehicle price. Notarization is not required for most transfers.

What side by side makes are most commonly sold in Delaware?

The most popular side by side makes in private-party sales are Polaris, Can-Am, Honda, Yamaha, Kawasaki. Average private-party prices range from $5,000–$30,000.

Do I pay sales tax on a gift transfer side by side sale in Delaware?

Delaware has a 0% state sales tax rate. No state sales tax, but a 4.25% Document Fee applies to vehicle transfers

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