Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-3-2 - Titling a Motor Vehicle2.1. Application. An application for a certificate of title must be accompanied by the appropriate fees:2.1.1 Proof of Insurance;2.1.2. Photo identification and identity validation and verification developed by the Division of Motor Vehicles;2.1.3. If the vehicle was previously titled in another state or jurisdiction, that title;2.1.4. If a registration plate is also being transferred, appropriate registration information;2.1.5. If the vehicle requires registration, the appropriate fee for the registration plate; and,2.1.6. Sales tax as calculated in subsection 2.3 of this section.2.2. Application for non-resident businesses. An application by a non-resident business for a title through the Title Clearinghouse must be accompanied by any documents prescribed by the Commissioner."2.3. Sales tax. Sales tax shall be calculated at the percentage of the sale price set by W. Va. Code § 11-15-3c. 2.3.1. If a purchaser exchanges another vehicle upon which the purchaser paid sales tax to the State of West Virginia as part of the consideration or sale price, commonly referred to as a trade-in, the portion of the consideration or sale price attributed to the trade-in shall be deducted from the total actual sale price for the vehicle being acquired by the purchaser for the purposes of calculating the sales tax.2.3.2. Sales tax is assessed in accordance with W. Va. Code § 11-15-3c and 91CSR9.2.4. Liens. 2.4.1. Recording. The Division of Motor Vehicles may authorize an application for a voluntary lien in an electronic or paper format whether made at the time of title or thereafter.2.4.2. Release. A lienholder may release an electronic lien using the Division of Motor Vehicles' electronic lien and title system. Such action will satisfy the title delivery requirement in W. Va. Code § 17A-4A-6.2.5. Title transfer by operation of law. All applications for certificate of title, whether electronic or paper, must be on the form prescribed by the Commissioner of the Division of Motor Vehicles and include the information required thereon.2.6. Transfers to Dealers. All dealer reassignments must be accomplished using the electronic program designed by the Division of Motor Vehicles.