DEPARTMENT OF TRANSPORTATION
Division of Motor Vehicles
Vehicle Services
FINAL
ORDER
2266 Vehicle Document Fees
Pursuant to the authority provided by 30 Del. C. §3003 and 21 Del. C. §2102, the Delaware Division of Motor Vehicles (DMV) promulgates this regulation establishing a document fee exception for active duty, reserve, or national guard military members and their immediate family members when registering a vehicle in the State of Delaware.
Findings of Fact and Conclusions of Law
1. The public was given notice and the opportunity to provide comments in writing concerning the proposed regulation.
2. The proposed regulations are useful and proper, and the Department believes that the adoption of these regulations is appropriate.
Decision and Effective Date
Based on the provision of Delaware law and the record of this docket, I hereby adopt the Vehicle Document Fees as set forth in the version attached, to be effective October 11, 2023.
It is ordered on this 14 day of September 2023.
Nicole Majeski, Secretary
Delaware Department of Transportation
2266 Vehicle Document Fees
Pursuant to Title 30, Chapter 30, Section 3003, and Title 21, Chapter 21, Section 2102, the following Regulation regulation is promulgated, effective immediately.
In addition to the waivers of the vehicle document fee as specified in Section 3002(a), Chapter 30, Title 30, and Title 21, Chapter 21, Section 2102, the document fee shall not be imposed on the sale, transfer or registration of motor vehicles or trailers in the following circumstances.
2.1 Transfer of a motor vehicle, vehicle, or trailer by way of a gift between a husband and wife, parent and child, grandparent and child, or brother and sister from an immediate family member including spouse, parent, child, sibling, and grandparent, to include step and in-laws. This exemption only applies on to the transfer of Delaware title.
2.2 Transfer between joint owners, provided that for the preceding 30 days the vehicle was previously titled in the name of the joint owners and subsequently transferred without monetary consideration to one or more of the joint owners.
2.3 Transfer resulting from inheritance from or bequest of a descendant. However, purchases from an estate are subject to the vehicle document fee.
2.4 Change of name only because of marriage, adoption, or other court order.
2.5 Transfer of a motor vehicle, vehicle, or trailer from a lessor to a lessee pursuant to a lease purchase lease-purchase agreement, provided that the lessee has been in continuous possession of the vehicle for at least one year. Lessee must provide a letter from the lessor stating lessee paid the original document fee".
2.6 Lien change but only when such a change of a lien on a motor vehicle, vehicle, or trailer when the registered owner has not changed.
2.7 If such vehicle was previously registered in Delaware by the same owner who already paid a vehicle document fee, was then registered in another state, and is being re registered re-registered in Delaware by the same owner.
2.8 Transfer of a motor vehicle, vehicle or trailer if such transfer is accompanied by an agreement of substitution which is equal in value to the net purchase price of the original motor vehicle, vehicle or trailer.
2.9 Registration of a motor vehicle by a member of the military (active, reserve or national guard) and their dependent family members who are stationed, on either a temporary or permanent basis, within the State, whose vehicles are registered in their state of residence or at their previous duty assignment (to include an overseas assignment). Military member or their dependent family member must provide documentation acceptable to the Division of Motor Vehicles indicating a temporary or permanent change of duty station within 90 days of relocating to the State or within 90 days of vehicle purchase.
When a gross purchase price discrepancy exists between the title application and the lien contract vehicle purchase price (Block #1 of the lien contract), the highest price will be used in determining document fees. Trade in Trade-in allowance will be deducted from the gross purchase price.
4.1 Trade-in allowance for document fee computations will only be allowed for vehicles currently titled in Delaware. The following two exceptions are authorized provided positive proof (receipts, old title, etc.) are provided by vehicle owners or can be established by DMV records. records:
4.1.1 Vehicle was previously registered in Delaware by the same owner who already paid a vehicle document fee, was then registered in another state, and vehicle is being used as a trade-in for a vehicle to be registered and titled in Delaware.
4.1.2 Vehicles bought by the owner and registered outside the state and then used for a trade-in for a vehicle to be registered and titled in this state; provided, such owner had paid to such other state a sales tax, transfer tax tax, or some similar levy on the purchase of such motor vehicle within 90 days prior to registration and titling in this state.
4.2 Trade-in allowance credit is not applicable if no documentation fee was paid at the time of registration.
4.3 Trade-in allowance credit against document fees may not exceed the actual document fees paid on the trade-in vehicle at the time the trade-in vehicle was registered.
A certificate of title issued in the name of a licensed dealer, which has a lien or encumbrance entered against such title, shall not be considered for the sole purpose of resale and shall not be exempt from the vehicle document fee unless the vehicle is part of a manufacturer's warranty program such as a loaner vehicle and the manufacturer is the lien holder.
If a transfer of a motor vehicle, vehicle or trailer is accompanied by a transfer of equity document, the document fee imposed shall be assessed on the amount of such equity.
If the motor vehicle, vehicle, trailer or motorcycle is a gift and does not qualify for exemption pursuant to subsection 2.1 of this regulation, the vehicle document fee shall be assessed based upon the current average trade-in value indicated in the most recent N.A.D.A. Guide. However, the owner may obtain an appraisal from a Delaware licensed vehicle dealer and such appraisal may also be considered in determining vehicle document fee.
If the amount of purchase price indicated on a non-dealer bill of sale is less than the average trade-in value as listed in the most recent N.A.D.A. Guide, the document fee is to be assessed on the current average trade in trade-in value as listed in the N.A.D.A. Guide. However, the owner may obtain an appraisal from a Delaware license licensed vehicle dealer and such appraisal may also be considered in determining vehicle document fee.
9.1 The document fee for a current model year used vehicle for which no dealer's invoice is available or that has no wholesale price listed in the N.A.D.A. Guide will be computed by using one of the following procedures:
9.1.1 Use the current year manufacturer's suggested retail price, if one exists, or the M.S. R. P. from the prior year's model. Depreciate that price using the following formula.
|
Vehicle Price |
Amount Depreciation |
|
$0 - $10,000 |
10% |
|
$10,001 - $20,000 |
15% |
|
$20,001 - $100,000 + |
20% |
|
Example: |
1989 Oldsmobile 88, Royale, 4D Sedan |
|
1988 M.S.R.P. |
$14,498 |
|
x .15% Depreciation |
|
|
$2,174 Depreciation |
|
|
Document fee will be based on $14,498 - $2,174 = $12,324 |
9.1.2 If the buyer has a bill of sale from a licensed dealer, use that price.
9.1.3 The owner may obtain an appraisal from a Delaware licensed dealer and such appraisal may also be considered in determining vehicle document fee.
Applicants claiming to have purchased wrecked or dismantled vehicles and restored or rebuilt such vehicles must present such vehicle vehicles to the Auto Theft Unit for verification of vehicle identification numbers, along with sales slips, etc. Vehicle document fees are to be assessed based upon the average trade-in value as listed in the most recent N.A.D.A. Guide or based upon an appraisal obtained from a licensed vehicle dealer.
The word "transfer" as utilized in Section 3002, Title 30, shall include the following:
11.1 change Change of business entity status
|
Examples: |
Haven Trucks to Fast Express |
|
John Doe Trucks, Inc. to John Doe, Inc. |
|
|
Joe Smith Buses to Smith Buses, Inc. |
|
|
Joe Smith to Smith Buses |
11.2 change Change of ownership between private individuals
|
Examples: |
Joe Smith to Tom Jones |
|
Joe Smith to Harry Smith & or Tom Smith |
|
|
Helen Jones to Ralph Jones |
11.3 The above-listed types of transfers must be accompanied by a Bill of Sale pursuant to Section 3002(b) or an affidavit. If neither a Bill of Sale or nor an affidavit is available, the document fee shall be based on the current N.A.D.A. average trade-in value. If the Bill of Sale or affidavit indicates no money was exchanged for the transfer of ownership and the same person signed the title for both buyer and seller, then no document fee shall be assessed.
12.1 The N.A.D.A. Appraisal Guide for older models is only to be used in the following instances:
12.1.1 If a vehicle, which has been titled in another state, is being titled in Delaware and there has been no sales tax or similar titling tax paid on the vehicle in the other state within the last 90 days, use the current N.A.D.A Official Used Car Guide OR the N.A.D.A. Appraisal Guide for OLDER Vehicles (whichever guide the vehicle is listed in) to determine the current average trade in trade-in value and assess the vehicle document fee.
12.1.2 If a Delaware title is being presented for transfer and the applicant has no Bill of Sale or the reverse side of the Delaware title does not indicate the purchase price, the document fee is to be based on the current average trade-in value as listed in the current N.A.D.A Guide.
12.2 However, the owner may elect to obtain an appraisal from a licensed Delaware dealer, and such appraisal may also be considered in determining the vehicle document fee.
If an individual received a part-interest in a vehicle whether by gift or purchase, the amount of the document fee shall be prorated in accord accordance with the number of persons named as owners on the new certificate of title.
