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Navigating the paperwork associated with vehicle transactions in California can often seem daunting, but understanding specific documents like the Department of Motor Vehicles (DMV) Statement of Facts, or REG 256 form, can make the process significantly smoother. This form serves multiple purposes, allowing individuals to declare specific facts regarding vehicle ownership, exemption from use tax for family transfers, smog exemption under certain conditions, changes in vehicle body, and more. Designed to facilitate a range of transactions such as claiming exemption from use tax when transferring a vehicle within a family, confirming a vehicle's non-requirement for a smog certification based on recent tests or exempt statuses, applying for specific changes like title only or transfer only transactions, and even details regarding disabled person placard information or wheelchair carrier decals. The diverse applications of this form mirror the complexities and nuances of handling vehicle-related matters, highlighting its importance in ensuring compliance and easing the processes for vehicle owners. Whether it's adjusting to a body type change or correcting a name on the ownership certificate, the REG 256 form stands as a critical tool in the California vehicle administration framework, emphasizing the need for accurate and full completion by the applicant.

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Department of Motor Vehicles

STATEMENT OF FACTS

Complete the appropriate section(s) in full (including vehicle description) and sign Section H.

LICENSE PLATE/CF NUMBER

VEHICLE/VESSEL ID NUMBER

YEAR/MAKE

 

 

 

A. STATEMENT FOR USE TAX EXEMPTION

 

This transfer is exempt from use tax because it is a:

 

Family transfer sold between a parent, child, grandparent, grandchild, spouse, domestic partner, or siblings (if both are minors related by blood or adoption).

Addition or deletion of family member (spouse, domestic partner, parent[s], son/daughter, grandparents, grandchildren). Gift (does not include vehicles traded between individuals, transfer of contracts or other valuable consideration).

Court Order

Inheritance

NOTE: The Use Tax Exemption cannot be claimed if the vehicle/vessel being transferred was purchased from an otherwise qualifying relative who is engaged in the business of selling the same type of vehicle/vessel.

The current market value is: $________________ .

B. STATEMENT FOR SMOG EXEMPTION

The vehicle does not require a smog certification for transfer of ownership because:

The last smog certification was obtained within the last 90 days.

It is powered by:

electricity

diesel

Other ___________________________.

It is located outside the State of California. (Exception: Nevada and Mexico)

It is being transferred from/between:

 

 

 

The parent, grandparent, child, grandchild, brother, sister, spouse, or domestic partner (as defined in

 

 

Family Code §297) of the transferee.*

 

 

A sole proprietorship to the proprietor as owner.*

 

Companies whose principal business is leasing vehicles. There is no change in lessee or operator.*

 

Lessor and lessee of vehicle, and no change in the lessee or operator of the vehicle.*

 

Lessor and person who has been lessee’s operator of the vehicle for at least one year.*

Individual(s) being added as registered owner(s).*

*Does not require smog certification unless Biennial Smog is required.

C. STATEMENT FOR TRANSFER ONLY OR TITLE ONLY

This vehicle has not been used or parked on a street or highway or off-highway. I am applying for a:

Transfer Only

Title Only

The vehicle is not currently registered. It has not been driven, moved, towed, or left standing on any California public highway to cause registration fees to become due. It was not transported over any California public highway or operated within California to cause off-highway fees to become due. Appropriate registration will be obtained before the vehicle is operated.

D. WINDOW DECAL FOR WHEELCHAIR LIFT OR WHEELCHAIR CARRIER

Enter your Disabled Person License Plate, or Disabled Veteran License Plate, or Permanent Disabled Person Parking Placard number below:

DISABLED PERSON PLATE

DISABLED VETERAN PLATE

PERMANENT DISABLED PERSON PLACARD

The vehicle to which my Window Decal will be affixed is:

LICENSE NUMBER

VEHICLE MAKE

VEHICLE ID NUMBER

Mail to:

NAME

ADDRESS

CITY

STATE

ZIP

 

 

 

 

 

 

REG 256 (REV. 8/2008) WWW

 

 

STATEMENT OF FACTS

Complete the appropriate section(s) in full (including vehicle description) and sign Section H.

LICENSE PLATE/CF NUMBER

VEHICLE/VESSEL ID NUMBER

YEAR/MAKE

 

 

 

E. STATEMENT FOR VEHICLE BODY CHANGE (OWNERSHIP CERTIFICATE REQUIRED)

The current market value of the vehicle or vessel is: $________________ .

 

Changes were made at a cost of $________________ on this date ________________ .

 

This is what I changed: Check all that apply:

 

Unladen Weight changed because __________________ (Public Weighmaster Certificate is required. Exception: Trailers)

Motive Power changed from ________________ to ________________ .

Body Type changed from ________________ to ________________ .

Number of Axles changed from ________________ to________________ .

F.

NAME STATEMENT (OWNERSHIP CERTIFICATE REQUIRED)

Please print

I, _______________________________ and _______________________________ are one and the same person.

My name is misspelled. Please correct it to: _________________________________________________________

I am changing my name from _____________________________ to ___________________________________

G. STATEMENT OF FACTS

I, the undersigned, state:

H. APPLICANT’S SIGNATURE

I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

PRINTED LAST NAME

FIRST NAME

MIDDLE NAME

DAYTIME PHONE NUMBER

( )

SIGNATURE

DATE

X

REG 256 (REV. 8/2008) WWW

File Attributes

Fact Name Details
Form Title DMV REG 256 Statement of Facts
Purpose To complete various sections depending on specific requirements, like use tax exemption, smog exemption, and others, for vehicle transactions.
Sections Includes sections A through G for different use cases, such as tax exemptions, title changes, and special declarations.
Use Tax Exemption Qualifications Includes family transfers, court orders, and inheritances among the qualifying reasons for exemption.
Smog Exemption Criteria Exemptions include recent smog certification, electric or diesel power, or vehicle location outside California, among others.
Accessibility Features Reporting Allows for the application of a window decal for vehicles with a wheelchair lift or carrier.
Governing Law Under the jurisdiction of California state law, as indicated by the requirement to certify statements under penalty of perjury according to California laws.

How to Fill Out Dmv Reg 256

Before preparing to complete the DMV Reg 256 form, it's important to gather all necessary information. This form is used for a variety of purposes, including claiming use tax exemption, smog exemption, transfer only or title only, determination for window decal eligibility for wheelchair lift or carrier, vehicle body change, and name statement. Accuracy is paramount to ensure that your submission is accepted and to avoid any potential hold-ups in processing. Follow the steps below to fill out the form properly.

  1. Start by reading through the entire form to identify which section(s) pertain to your specific situation.
  2. Enter the LICENSE PLATE/CF NUMBER and VEHICLE/VESSEL ID NUMBER along with the YEAR/MAKE of the vehicle or vessel in the top section to accurately describe it.
  3. Section A: If claiming a use tax exemption, check the applicable box that describes your exemption reason and fill in the current market value of the vehicle/vessel.
  4. Section B: For smog exemptions, indicate the reason the vehicle is exempt by checking the appropriate box. If "Other" is selected, provide a specific explanation.
  5. Section C: If applying for a transfer only or title only, indicate your choice and certify that the vehicle has not been used in a manner that would require it to be registered.
  6. Section D: For a window decal for a wheelchair lift or carrier, provide your disabled person license plate, disabled veteran plate, or permanent disabled person parking placard number, and fill in the details of the vehicle.
  7. Section E: If reporting a vehicle body change, enter the current market value, cost of changes, date of changes, and check all that apply regarding the specifics of the change.
  8. Section F: For a name statement, clearly print the required information whether it’s a declaration that names refer to the same person, a correction of misspelled name, or a change of name. Ensure to fill in the corrected or new name as applicable.
  9. In Section G: STATEMENT OF FACTS, provide any additional statements or information as required for your specific case.
  10. Finally, Section H: APPLICANT’S SIGNATURE is where you sign and date the form. Print your name, provide a daytime phone number, and then sign and date the document to certify that all information provided is accurate to the best of your knowledge.

Once the form is completed, review all sections carefully to ensure accuracy and completeness. Depending on your specific case, additional documentation may be required to support your statements, so make sure to include all necessary attachments when submitting the form. Remember to keep a copy for your records.

Frequently Asked Questions

What is the purpose of the DMV REG 256 form?

The DMV REG 256 form, also known as the Statement of Facts, serves several purposes in the state of California. It is used to provide crucial information that may not be captured within other forms during various vehicle or vessel transactions. Key sections of this form include use tax exemption, smog exemption, transfer or title only statement, window decal for wheelchair lift or carrier, vehicle body change, and name statement. These sections allow vehicle owners or transferees to declare certain conditions, exemptions, or alterations related to the ownership, transfer, or physical state of a vehicle/vessel.

How can one qualify for a use tax exemption using the DMV REG 256 form?

To qualify for a use tax exemption when transferring a vehicle or vessel, one can utilize section A of the DMV REG 256 form. A use tax exemption could apply under several circumstances, such as:

  • Family transfers sold between specific family members including parents, children, grandparents, grandchildren, spouses, domestic partners, or siblings if both are minors and related by blood or adoption.
  • Addition or deletion of a family member to or from the vehicle's title.
  • Gift transfers that do not involve monetary exchange or valuable consideration between individuals.
  • Transfer as a result of a court order or inheritance.

Note, however, that the exemption cannot be claimed if the vehicle/vessel was purchased from a qualifying relative who is in the business of selling the same type of vehicle/vessel. The form also requires the applicant to declare the current market value of the vehicle or vessel.

What are the smog exemption criteria mentioned on the DMV REG 256 form?

Section B of the DMV REG 256 form outlines conditions under which a vehicle may be exempt from requiring a smog certification for transfer of ownership. These smog exemption criteria include:

  1. The last smog certification was obtained within the last 90 days.
  2. The vehicle is powered by electricity, diesel, or other specified power sources.
  3. The vehicle is located outside the State of California, with specific exceptions.
  4. Transfer of the vehicle is between close family members, or from a sole proprietorship to the proprietor, without a change in the lessee or operator.

It's important to mention that certain exemptions might still require smog certification, especially if a Biennial Smog certification is due.

Can the DMV REG 256 form be used for transferring a vehicle without current registration?

Yes, section C of the DMV REG 256 form is specifically designed for situations where a vehicle is being transferred without current registration. This part of the form is applicable when the vehicle has not been used or parked on a California street or highway and has not accrued any registration fees due to California usage. The declarant must confirm that the vehicle:

  • Has not been driven, moved, towed, or left standing on any public highway in California.
  • Has not been transported over any public highway or used in California in a manner that would incur off-highway fees.

Additionally, the applicant agrees to obtain appropriate registration before the vehicle is operated within the state.

Common mistakes

Filling out the DMV REG 256 form can be complex, and people often make mistakes. One common error is not fully completing the section for the vehicle or vessel identification number (VIN), year, and make in the form's header. This oversight can lead to delays as it's essential for accurately identifying the vehicle or vessel in question.

Another mistake is incorrectly claiming a use tax exemption. Individuals sometimes check the exemption box without fully understanding the qualification criteria, such as the specific family relationships required or the fact that the exemption does not apply if the vehicle was purchased from a relative engaged in selling vehicles or vessels. This misstep can lead to unexpected tax liabilities.

When it comes to smog exemptions, applicants often misinterpret the conditions. For instance, they might assume their vehicle is exempt without realizing the exemption applies only if the last smog certification was obtained within the last 90 days or if the vehicle fits certain criteria regarding propulsion or location. Misunderstanding these exemptions can cause complications in the transfer process.

A crucial but sometimes overlooked detail is the box for vehicle body change. Owners must check the appropriate changes made to the vehicle, including weight, motive power, body type, and number of axles. Failing to accurately report these changes or to provide a Public Weighmaster Certificate when required can lead to issues with the registration.

Regarding the name statement section, individuals frequently neglect to provide the necessary documentation when claiming they are known by two names or correcting a misspelled name. This omission can hinder the process of updating the vehicle's or vessel's registration to reflect the correct owner's name.

Errors also occur in the transfer-only or title-only statement section. People often fail to understand that their vehicle must not have been used or parked on any Californian street or highway to qualify. This misunderstanding can lead to incorrect claims of eligibility for a transfer or title only.

Applicants sometimes miss the opportunity to apply for a window decal for a wheelchair lift or carrier because they fail to notice or correctly fill out this section. This mistake prevents them from obtaining the decal, which is crucial for those who need it.

A failure to sign and date section H correctly is another frequent error. This section is vital as it certifies that all the information provided is true and correct under penalty of perjury. An unsigned or undated form cannot be processed, leading to delays.

Finally, people often send the form to the wrong address or fail to include necessary accompanying documentation, such as ownership certificates for name changes or vehicle body changes. This oversight can significantly delay the processing of their DMV REG 256 form.

Documents used along the form

When handling vehicle-related transactions through the Department of Motor Vehicles (DMV), various forms and documents may be required to support or accompany the DMV REG 256, a Statement of Facts. Each document serves a specific purpose, ensuring that all aspects of the transaction are legal, thoroughly documented, and compliant with state regulations. Below are four commonly used forms and documents that might be needed along with the DMV REG 256 form.

  • REG 227, Application for Duplicate or Paperless Title: This form is often required when the original vehicle title is lost, stolen, or damaged. It allows the vehicle owner to apply for a replacement title, ensuring they have the necessary documentation to prove ownership or to carry out transactions such as selling the vehicle or transferring ownership.
  • REG 31, Verification of Vehicle: In some transactions, it may be necessary to verify the vehicle's physical condition, identification number (VIN), and other specific details. The REG 31 form is utilized by DMV employees or authorized individuals to certify that they have inspected the vehicle and confirmed its details against what is officially recorded.
  • REG 343, Application for Title or Registration: When a vehicle is purchased or ownership is being transferred, the REG 343 form must be completed. It provides the DMV with necessary information about the new owner, the vehicle, and the type of registration being applied for, whether it's for a brand new vehicle, a transfer, or a registration renewal.
  • REG 101, Statement of Facts for Boats: Similar to the REG 256 form but specifically for vessels, the REG 101 form allows owners to provide additional information that may affect registration, ownership, or tax exemption status of a boat. This document is particularly important for transactions or statements involving watercraft.

Each of these documents plays a crucial role in ensuring the smooth processing of vehicle-related transactions. Whether you're buying a new car, transferring a vehicle to a family member, or making changes to your vehicle's title or registration, it's important to familiarize yourself with these forms. Understanding and properly completing the required paperwork will help avoid delays and ensure that your transactions with the DMV are conducted efficiently and correctly.

Similar forms

The Vehicle Title Transfer Form shares similarities with the DMV Reg 256 form, particularly in the section dealing with ownership transfers. Both documents require detailed information about the vehicle, including the year, make, and identification number, to facilitate a change of legal ownership. They essentially ensure that the vehicle's ownership records are updated accurately and legally, often involving similar declarations about the vehicle's condition, history, or any specific exemptions that may apply.

The Bill of Sale is akin to the DMV Reg 256 form in its function of documenting the transfer of property. Although the Bill of Sale is more broadly used for various types of property beyond vehicles, it serves a purpose similar to section A of the DMV Reg 256, especially regarding the use tax exemption. Both documents provide a record of transfer between parties and can be required to establish tax exemptions under certain circumstances, ensuring that all legal requirements are met during the transfer.

The Affidavit of Gift of a Motor Vehicle, which is often required by DMVs to document that a vehicle transfer is indeed a gift and not a sale, has parallels with the DMV Reg 256 form's sections on gifting vehicles. These affidavits are crucial for tax purposes, as gifts of vehicles between family members may be exempt from use tax, similar to the exemptions detailed in the Reg 256. Both ensure that the transfer adheres to state tax laws and that the proper information is recorded for legal and tax purposes.

The Smog Exemption Form, similar to DMV Reg 256's section B, documents circumstances under which a vehicle is exempt from smog certification requirements at the time of transfer. These documents are instrumental in regions with strict air quality control measures, providing necessary exemptions based on specific criteria such as the vehicle's fuel type, location, or recent smog certifications, ensuring compliance with environmental regulations.

The Application for Disabled Person Placard or Plates resembles the DMV Reg 256 in the window decal for wheelchair lift or wheelchair carrier section. Both forms allow individuals with disabilities to request special accommodations for their vehicles, whether it's a parking placard, license plates, or a decal. The aim is to certify the need for these accommodations through a formal request, contributing to mobility and accessibility for people with disabilities.

The Vehicle Body Change Statement, akin to a portion of the DMV Reg 256 form, documents modifications to a vehicle's body, weight, or type, necessitating updated registration to reflect these changes. Both forms serve to officially record alterations that affect a vehicle's description in the government's registry, ensuring the accuracy of public records and compliance with regulations regarding vehicle specifications.

A Change of Name Document, paralleled by the DMV Reg 256 form's name statement section, is required when an individual's name changes due to marriage, divorce, or other reasons and needs to be updated on vehicle registration and title documents. These forms are crucial for maintaining current and correct personal information in legal and government records, directly affecting vehicle ownership and registration.

The Statement of Facts, which is a broad component of the DMV Reg 256 itself, is essentially mirrored by various legal documents requiring a declaration of truth under penalty of perjury. These documents are utilized in numerous legal scenarios beyond vehicle registration and ownership, requiring the signatory to attest to the truthfulness of their statements. They uphold integrity and accountability, ensuring that information provided to public agencies and legal entities is accurate and truthful.

Dos and Don'ts

When dealing with the DMV Reg 256 form, a crucial document in various vehicle-related transactions in California, it's vital to approach the process with care. Here are some do's and don'ts to guide you through filling out the form accurately:

  • Do thoroughly review the entire form before starting to ensure you understand which sections apply to your situation.
  • Do complete all relevant sections in full, including vehicle description, to avoid delays in processing.
  • Do gather and reference any necessary documentation related to your vehicle or vessel to ensure accuracy in your statements.
  • Do use clear and legible handwriting if filling out the form by hand, to prevent any misunderstandings or processing errors.
  • Do double-check your entries for any mistakes or omissions before finalizing the form.
  • Do ensure that the applicant’s signature is provided in Section H, as this is a necessary step for the form’s validity.
  • Do retain a copy of the completed form for your records, as this can be helpful for any future reference.
  • Don’t skip sections that are relevant to your particular case; incomplete forms can result in rejection or additional requests for information.
  • Don’t make assumptions about the meaning of specific sections; if in doubt, seek clarification to ensure accurate completion.
  • Don’t use correction fluid or tape; if you make a mistake, it’s better to start over on a fresh form to maintain legibility.
  • Don’t sign the form without verifying that all information is correct and true to the best of your knowledge.
  • Don’t forget to enter the date next to your signature in Section H, as undated signatures may not be accepted.
  • Don’t neglect to mail or deliver the form to the appropriate address or DMV office if it’s required to be submitted in person or by mail.
  • Don’t overlook the instructions for mailing or delivery provided on the form or the DMV’s website, as failing to follow these instructions could delay processing.

By adhering to these guidelines, you can help ensure that your DMV Reg 256 form is filled out correctly and efficiently, paving the way for a smoother transaction with the DMV.

Misconceptions

There are several common misconceptions about the DMV REG 256 form, which is often used when dealing with the Department of Motor Vehicles (DMV) in California. By clarifying these misconceptions, individuals can better understand how to properly use and file the form.

  • It’s only for vehicle sales. Many believe that the REG 256 form is solely for the use in the sale of vehicles. However, this form serves multiple purposes, such as use tax exemption, smog exemption, changes in vehicle ownership without sale (like adding or removing a family member), vehicle body changes, and correcting information on DMV records.

  • It must be used for all vehicle transactions. Another misconception is that this form is required for all vehicle transactions. In truth, the REG 256 is only necessary for specific situations outlined on the form itself, such as use tax exemption, smog exemption, and others. Not every transaction at the DMV will require this form.

  • Anyone can claim use tax exemption. Some people mistakenly believe that they can claim a use tax exemption for any family transfer. However, the exemption specifically does not apply if the vehicle/vessel being transferred was purchased from a relative engaged in the business of selling vehicles, even if they qualify as a family member.

  • Smog exemptions are easily obtained. It’s thought that getting a smog exemption through the REG 256 form is simple. However, there are specific criteria that must be met, such as the vehicle being recently smogged or meeting certain conditions like electric or diesel power, or being transferred within certain family members.

  • All sections must be completed. Some individuals believe they need to fill out every section of the REG 256 form, but you only need to complete the sections that are relevant to your specific situation. The form is designed to cover a range of circumstances, not all of which will apply to every individual.

  • It’s the same as the title transfer form. A common error is confusing the REG 256 form with a title transfer form. The REG 256 is a Statement of Facts used to provide the DMV with additional information or to request exemptions. A title transfer form, on the other hand, is used to officially change the ownership of a vehicle.

  • No signature is needed. Finally, there’s a misconception that a signature is not necessary on this form. In contrast, Section H requires the applicant's signature, certifying under penalty of perjury that the information provided is true and correct.

Understanding these misconceptions about the REG 256 form can streamline the process of dealing with the DMV, ensuring that individuals only fill out and submit the form when truly necessary and do so accurately.

Key takeaways

Filling out the DMV Reg 256 form is an essential process for many vehicle-related transactions in California. Understanding the key takeaways can simplify the complexities involved. Here are some important points to note:

  • Section A emphasizes Use Tax Exemption for specific family transfers, gifts, court orders, and inheritance. It is critical to note that this exemption does not apply if the vehicle was purchased from a family member engaged in selling vehicles.

  • In Section B, the form lists conditions under which a vehicle is exempt from smog certification during a transfer of ownership. This includes recent smog certification, certain types of power (like electricity or diesel), being located outside California (with exceptions), and transfers within specific familial and organizational contexts.

  • Section C addresses scenarios where a Transfer Only or Title Only application is appropriate, particularly emphasizing that the vehicle has not been used in a manner that incurs California registration or off-highway fees.

  • The form provides a provision in Section D for individuals with disabilities to apply for a Window Decal for Wheelchair Lift or Carrier, specifying the need to enter an associated Disabled Person or Veteran Plate, or Permanent Disabled Person Parking Placard number.

  • Section E is designed for those who have made changes to the vehicle body. It requires disclosure of changes including unladen weight, motive power, body type, and number of axles, alongside the cost and current market value of the vehicle.

  • Name statements in Section F accommodate corrections to the owner's name or a formal name change, ensuring that vehicle records are accurate and up-to-date.

  • The Statement of Facts in Section G requires truthful declarations about the information provided on the form, underscoring the legal responsibility of the applicant.

  • Applicant's signature in Section H makes the document legally binding. Signing confirms the applicant's certification that the information given is true, correct, and made under penalty of perjury, emphasizing the seriousness of the document.

  • It is important to complete the appropriate section(s) in full, including a detailed vehicle description, to avoid delays or rejections in processing the document.

Understanding these key takeaways about the DMV Reg 256 form prepares you for a smoother engagement with California's Department of Motor Vehicles. Whether it's for a family transfer, smog exemption, or a significant alteration to the vehicle's structure, this form plays a pivotal role in ensuring compliance with state regulations.

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