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Calculating Sales Tax Using the Vermont Title Loophole

One of the most common mistakes that vehicle owners make when using the Vermont title loophole is miscalculating their sales tax amount. The reason for this error is often simple – the applicant used the wrong NADA book value for their vehicle. Choosing the wrong NADA book value not only misrepresents your vehicle but can also lead to overpaying or underpaying on taxes.

Determine the book value

The Vermont DMV states that to determine the book value of a vehicle, the applicant must use the Clean Trade-In value outlined by the National Automobile Dealers Association (NADA) commonly referred to as the “NADA Value”. The book value of your vehicle is how much the vehicle is worth and how much it would cost to replace it entirely. When determining your NADA book value, be sure to choose the lowest possible value to avoid overpaying in taxes. Some older model vehicles may not have a clean trade-in option outlined by the NADA. In these cases, you may be able to utilize a comparable book such as Kelley Blue Book to determine the value of your vehicle. 

Calculate the sales tax

Once you’ve determined your NADA book value, you will use that figure to calculate the sales tax owed. Sales tax is due at the time of registration and is calculated using the NADA value or the purchase price, whichever is greater. Calculating the amount of sales tax for using the Vermont title loophole can be done using these formulas:

NADA book value is greater than the purchase price

(NADA value) x (6%) = Sales Tax Due

NADA book value is less than the purchase price

(Purchase price) x (6%) = Sales Tax Due

If your sales tax is calculated incorrectly, it’s likely that your application will be rejected. If it’s not rejected, but the sales tax amount is too low, you’ll receive a revised invoice for the remaining balance within 15 days.

Dealer appraisal request

In some situations, the applicant may believe that the vehicle’s value is lower than the stated NADA value. If so, the applicant may submit a Vermont Dealer Appraisal Form. The purpose of the appraisal process is to ensure that the fair amount of tax is being paid by the applicant for the vehicle they are registering. 

Looking for additional tips for using the Vermont title loophole? Check out our article here on the top 5 tips for success. For assistance with your paperwork, learn more about our Bill of Sale only title utilizing the Vermont title loophole here!

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Top 5 Tips to Avoid Vehicle Title Scams

A vehicle title is a legal document that proves ownership of a particular vehicle. To transfer ownership of the vehicle, the prior owner must sign the title over, but how do you know if the title you have is legitimate before you buy?

Tip #1: Match the VIN on the vehicle with the title

On every certificate of title for a vehicle, the VIN will be present. Typically the VIN is 17 characters, but vehicles older than 1981 may contain less. The VIN is present inside of the vehicle in various areas, most commonly in the door and under the hood. Find at least 2-3 places on the vehicle where the VIN is present and verify that the VIN on the title matches the one on the vehicle.

Tip #2: Check the ID of the seller

Only the legally titled owner of the vehicle is authorized to sign over the title to the new owner. Check the certificate of title for the owner information and ask the seller to provide a valid photo ID to verify their identity. Oftentimes if the seller is not the actual owner, they may be attempting to jump titles or the vehicle may have been stolen. If the seller doesn’t want to prove their identity for verification, this may be a red flag that they’re involved in illegal activities.

Tip #3: Verify all liens are paid off

Check the lien section on the title for previous liens on the vehicle. Even if there is a signature in the lien section, it doesn’t mean it’s a valid signature. Contact the lienholder listed to verify that the lien has been paid off. If there’s a lien on the title, you won’t be able to transfer it until that lien has been released. Additionally, remember if there’s a lien on a vehicle, that vehicle is owned by the lender.

Tip #4: Verify the title number is current

At the top of the title will be the title number. If a title is reissued, the new title will be valid and will invalidate the old title. It’s possible that the title you’ve been given is an old title and a new title is already issued in someone else’s name. To check the status of the title number, contact your local DMV directly.

Tip #5: Check for signs of forgery

Titles cannot be issued from any other institution other than the DMV. If a title has been typed over or otherwise altered in an unofficial way, the title is considered forgery and is immediately deemed invalid. Additionally, check the title number against the current registration of the vehicle. If the title number on the registration does not match the title number of the certificate, it may be a false title.

When the vehicle title is signed over to you, make sure that the seller completes their part correctly. If not, it could leave you with a vehicle and no title. Keeping yourself educated is the best way to stay safe from scams. These five tips are not the only ways to keep yourself safe from vehicle title scams. Always double-check the information provided and when in doubt, contact the DMV for verification. If the situation feels wrong, it just might be.

How to File a Mechanic’s Lien in Virginia 2022

A mechanic’s lien is a process afforded to licensed automotive facilities in order to recover costs for repairing a vehicle. Similar to the mechanic’s lien, many states also allow for storage facilities to file a similar lien on stored vehicles known as a storage lien. In Virginia, these two liens are processed in essentially the same method. If you’re an automotive mechanic or storage facility in Virginia looking to file a mechanic’s lien or storage lien (MSL), there are strict requirements and timelines to file. So how do you file a mechanic’s lien?

When filing a mechanic’s lien in Virginia, the first step is to determine the NADA value of the vehicle. The NADA value provides the book value of the vehicle which translates to how much the vehicle is worth. This step is especially crucial for filing a mechanic’s lien in Virginia as different filing procedures will exist for different value vehicles.

Virginia mechanic’s lien procedures by NADA value

NADA Value: $3,000 or less 

  • Submit VSA41 and apply for the official vehicle transcript from the DMV
  • Provide proof that you’ve possessed the vehicle for a minimum of 30 days
  • Submit requirements for state title application, nonrepairable certificate, or sell the vehicle.

This procedure to file a mechanic’s lien requires that there is no record of owner or lienholder on official DMV records. If a record is found, the owner and/or lienholder must be notified in accordance with MSL guidelines. Additionally, the vehicle must be at least 6 years older than the current model year.

NADA Value: $12,500 or less

  • Submit VSA41 and apply for the official vehicle transcript from the DMV
  • Notify all owner(s) and lienholder(s) by certified mail of your intent to sell the vehicle at least 10 days prior to the auction
  • If no owner(s) is located, you must post 3 public notices of the auction: one in a public place in the city or county where the vehicle is located, one on an official Commonwealth of Virginia property or website, and one in a city or county newspaper or website.
  • Provide proof that you’ve possessed the vehicle for a minimum of 30 days
  • Advertise the date, time, and location of the auction in at least one public place at least 10 days prior to the auction.
  • Once the vehicle is sold, the seller must provide documentation on the MSL process in accordance with VSA41.

NADA Value: $12,501-$25,000

  • Submit VSA41 and apply for the official vehicle transcript from the DMV
  • Notify all owner(s) and lienholder(s) by certified mail of your intent to sell the vehicle at least 10 days prior to the auction
  • If no owner(s) is located, you must post 3 public notices of the auction: one in a public place in the city or county where the vehicle is located, one on an official Commonwealth of Virginia property or website, and one in a city or county newspaper or website.
  • Provide proof that you’ve possessed the vehicle for a minimum of 30 days
  • Advertise the date, time, and location of the auction in at least one public place at least 10 days prior to the auction.
  • Petition to the General District Court of the county or city where the vehicle is located to order the vehicle sale. You must be granted the petition by the court.
  • Hold the vehicle auction through the sheriff of the jurisdiction once it is ordered.
  • The sheriff then must complete an affidavit of compliance that acknowledges the sale was in compliance with the court order.

NADA Value: $25,000+

  • Submit VSA41 and apply for the official vehicle transcript from the DMV
  • Notify all owner(s) and lienholder(s) by certified mail of your intent to sell the vehicle at least 10 days prior to the auction
  • If no owner(s) is located, you must post 3 public notices of the auction: one in a public place in the city or county where the vehicle is located, one on an official Commonwealth of Virginia property or website, and one in a city or county newspaper or website.
  • Provide proof that you’ve possessed the vehicle for a minimum of 30 days
  • Advertise the date, time, and location of the auction in at least one public place at least 10 days prior to the auction.
  • Petition to the Circuit Court of the county or city where the vehicle is located to order the vehicle sale. You must be granted the petition by the court.
  • Hold the vehicle auction through the sheriff of the jurisdiction once it is ordered.
  • The sheriff then must complete an affidavit of compliance that acknowledges the sale was in compliance with the court order.

The Virginia mechanic’s lien process and storage lien process is a very valuable and powerful tool. Unfortunately, oftentimes mechanic’s liens are not filed in good faith. The DMV is constantly picking through mechanic’s lien and storage lien applications to check for fraud. If you’ve submitted your application properly but it was still rejected by the DMV, don’t panic. This is a common tactic used by the DMV to scare off those who are attempting to use this process fraudulently. Simply resubmit your application and contact your local DMV if needed. If a mechanic’s lien is not done correctly, the DMV has the authority to revoke the title and could even bar a business from filing mechanic’s liens in the future.

Want help getting started on your mechanic’s lien or storage lien? CarTitles.com is the expert at handling challenging title situations. Let us help you get started with your paperwork or mechanic’s lien process here!

The #1 Tip to Getting Your Car Title Faster

When you think of the DMV, “fast” may not be the adjective you choose to describe them. Before dragging the DMV too much, there is one simple tip that you can use to get your car title processed faster. Like most businesses in 2021, the DMV heavily relies on computer automation for its processes. To get your car title processed faster, appeal to the automated processes and type your documents.

The old ways of manually filling out your title application are phasing out and technology is taking over. Today most DMVs use a computer processing system to read documents called optical character recognition (OCR) to recognize the characters and upload them into the DMV database. If your title application is typed, the OCR system typically has no problem reading your application and has the ability to speed up processing times. While most DMVs still allow handwritten applications, OCR systems may have trouble deciphering certain characters resulting in manual processing. With your application now in the hands of a DMV employee to be manually reviewed, your processing time will likely be much longer.

Most state title documents are available on your state’s DMV website as a PDF. Many programs allow for PDFs to be edited, check out this article for ways to type into a PDF. Automation is what makes title processing faster, make it easy on yourself and the DMV by typing your title application.

How to Get a Title When the Car Dealership Goes Out of Business

What happens when you buy a car without a title from a dealership that has gone out of business? Unfortunately, this happens much more often than you may think. Oftentimes, when a dealership is getting ready to go out of business or having financial troubles, they’ll sell vehicles that they don’t have the title for or can’t obtain the title for without paying off a lien first. This way they avoid paying additional fees for registration and/or liens since they’re going out of business anyway. So where does that leave the new owner? The dealership is hoping that this will now be their problem, but there are still ways to get your car title from a closed dealership.

States like New Jersey have a specific process that addresses how to get a car title from a dealership if they’re out of business. If you bought a car without a title from a dealership in New Jersey that went out of business prior to issuing your car title, you can apply to acquire a title from the New Jersey Motor Vehicle Commission (NJMVC). This is a 14 step process that allows for emergency application for vehicle title in the event that your dealership has gone out of business prior to issuing your: title, plates, and/or registration. Each state handles this process differently, be sure to check your state’s requirements before proceeding with any official application.

Other states, like Indiana, have a different process that requires you to directly make contact with the dealership by sending a demand letter for your car title. If your state requires you to contact the dealership with a demand letter, the first step is to look up the business in your state’s Secretary of State database. Next, search the database for the principal name, registered agent, and addresses. Then, write your demand letter clearly stating what you need from the dealership and send it by certified mail to the principal, registered agent, and any additional officers listed. Before sending any letters, it’s important to review your state’s requirements to ensure all of the criteria are met and that the correct parties will receive your letter. Sending your letter to multiple contacts within the company increases the likelihood that you will receive a response and provides proof that you attempted to make contact.

Buying a car is one of the most exciting purchases you can make, but it can quickly become unpleasant if you’re purchasing from a bad dealership The best way to prevent yourself from buying a car with no title and avoid being scammed by the dealership is to ask for the dealership to show you the physical title prior to purchasing. While they may not be able to hand over the title to you at that time, they can show you that they physically have it. If they’re a reputable dealership, they’ll show you the title. If you’ve already bought a car without a title, there are still ways to get the title you deserve.

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