A gift of a motor vehicle between individuals is a nontaxable title transfer when the title of the vehicle is transferred without any payment, whether paid in money or otherwise, and no outstanding lien is assumed by the new owner. To claim the exemption at the time of transfer, the applicant must declare the exemption on an application for certificate of title, license, or registration filed with the Florida Department of Highway Safety and Motor Vehicles, tax collector, or private tag agency. Under the "Sales Tax Exemption Certification" section of the application, the new owner is required to declare that the transfer of ownership is exempt from tax as a gift. To be tax-exempt, the application for title, or the transfer of license or registration, must be accompanied by a sworn statement that includes a description of the motor vehicle, the name and address of the donor, a statement that the title of the vehicle passed without monetary payment or other consideration valued in money, and that no outstanding lien on the motor vehicle is being assumed by the applicant.
When title to a motor vehicle is transferred from an individual to a corporation, from a corporation to an individual, from one corporation to another, from a partnership to a corporation, or from a corporation to a partnership, it is presumed that a consideration flows from the transferee to the transferor, and if no consideration is stated, then it shall be presumed to be the fair market value of the vehicle. This is true even when the two corporations are owned by the same stockholders.
Reference: Rule 12A-1.007(25), Florida Administrative Code