The Affidavit of Gift of Motor Vehicle is a crucial legal document used in the Netherlands when transferring vehicle ownership without monetary compensation. This document is required by both the RDW (Netherlands Vehicle Authority) and Dutch tax authorities to properly document and validate gift transfers of vehicles. It serves multiple purposes: officially declaring the gift transfer, establishing the voluntary nature of the transaction, providing evidence for tax purposes, and facilitating vehicle registration transfer. The affidavit must comply with Dutch legal requirements, including proper notarization and specific declarations required by the Wegenverkeerswet 1994 (Road Traffic Act). It's particularly important for maintaining clear ownership records and ensuring compliance with gift tax regulations under the Successiewet 1956.
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1. Declaration Header: Formal opening stating this is an affidavit, including date and location of execution
2. Declarant Information: Full legal name, address, and identification details of the person giving the vehicle (donor)
3. Recipient Information: Full legal name, address, and identification details of the person receiving the vehicle (donee)
4. Vehicle Details: Complete vehicle information including make, model, year, VIN/chassis number, registration number, and current odometer reading
5. Gift Declaration: Clear statement declaring the voluntary transfer of the vehicle as a gift without monetary compensation
6. Transfer Date: Specific date when the ownership transfer takes effect
7. Ownership Verification: Declaration that the donor is the legal owner and has the right to transfer the vehicle
8. Vehicle Condition: Statement about the current condition of the vehicle and that it's transferred 'as-is'
9. Signatures and Notarization: Space for signatures of both parties and notary authentication
1. Relationship Statement: Declaration of the relationship between donor and recipient, relevant for gift tax purposes
2. Conditional Terms: Any conditions attached to the gift, if applicable
3. Tax Acknowledgment: Statement acknowledging understanding of potential tax implications
4. Outstanding Liens: Declaration regarding any existing loans or liens on the vehicle
5. Future Claims Waiver: Donor's waiver of any future claims to the vehicle
6. Acceptance Statement: Explicit acceptance of the gift by the recipient
1. Copy of Vehicle Registration: Current vehicle registration document (kentekenbewijs)
2. Vehicle Inspection Report: Recent RDW inspection report if applicable
3. Identification Documents: Copies of valid ID documents of both parties
4. Vehicle Photos: Dated photographs showing the current condition of the vehicle
5. Maintenance Records: Service history and maintenance documentation
6. Insurance Transfer Documents: Forms related to transfer or cancellation of insurance
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