QUESTION

Sales Tax on Vehicle Purchased from immediate family member

Asked on Aug 12th, 2015 on Taxation - Georgia
More details to this question:
This vehicle was my daughters even though it was in her husbands name. That is not uncommon for a joint asset to be titled in one spouses name. This is still a marital asset under the laws of Georgia. This was acquired with joint funds during their marriage. The state will accept step children, step grandchildren who are only related by marriage. My daughters spouse should be covered by the definition since he is a part of my immediate family. This is a state code that defines "immediate family". 20-2-58.1. "Immediate family" defined - This is the only thing that was not vague as a legal determination by the State Of Georgia. Under the Georgia department of Revenue it refers to a legal determination recognized by the state. My grandchildren are included yet their father, my child's spouse, is excluded. Marriage is a legal union recognized by the State Of Georgia. My daughter is my immediate family and so is her spouse and the children they are raising.
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
I have not researched the statute, so am not going to opine on what it does say. Under most Georgia laws, the definition of a family member does not include sons-in-law or daughters-in-law. Therefore, while your daughter's husband is family to you, under most state laws he is a stranger to you. In fact, under many Georgia laws, the stepgrandchildren would normally also not be considered your family members. If they are considered family members under the laws relating to sales tax on the transfer of a vehicle purchased from an immediate family member, that would be an exception to the general rule that people not related to you by blood or adoption are not considered to be your family. Your statement also contains an incorrect statement about assets being marital assets under Georgia law. In Georgia, we are not a community property state, and there are no such things as "marital" assets except in the narrow case where a couple is getting divorced. For ALL other purposes, if a person's name is on the title, the asset belongs to that person. In other words, it doesn't matter if your daughter was the one who used the car, or whether the intent when she and her husband bought it, for state law purposes it was HIS car if his was the only name on the title. If he had died, she would have had to deal with his probate estate in order to receive it, and if he had a creditor problem, his creditors could have tried to take it, and she would have had not claim on it at all. As I said, the statute in question, in treating stepgrandchildren as if they were part of the family, is making an exception to the general rule. That may be because, at least in my experience as an estate planning attorney, more people will treat stepgrandchildren as "real" family than will treat their sons-in-law or daughters-in-law that way. But I'm actually surprised that you were told that stepgrandchildren were treated as your family for that purpose. The fact that your son-in-law isn't treated as family doesn't surprise me at all. It's also not a sales tax any longer. It's a title transfer ad valorem tax.  
Answered on Aug 12th, 2015 at 12:18 PM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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