Before anything: who can sign, and what is owed
Every one of these sales starts with two questions. First, who has the authority to sell? That is the owner on the title or registration, or someone with legal authority for them, such as an executor, a company officer, a bankruptcy trustee or a lienholder enforcing a lien. Second, is anything owed against it? A loan, a UCC filing or a lien has to be paid off or released at the sale, usually from the proceeds.
Selling for an estate? See selling estate property for how vehicles titled to someone who died are transferred. For a closing business, see liquidating a closing business.
Cars, trucks and trailers
Titled vehicles transfer by assigning the title from the seller to the buyer. The buyer then titles and registers the vehicle at the county clerk, which is also where Tennessee collects sales tax on a used vehicle bought from someone who is not a dealer.[1]
Heavy equipment, farm machinery and tools
Equipment buyers are often contractors, farmers and dealers who buy nationally and bid online, so the right auction can reach far past your county. The key paperwork question for equipment is liens.
Keep serial numbers, hour meter readings, service records and a short note on any known problems. Honest condition information draws more bidders, not fewer, because buyers who trust the description bid closer to their real number.
Boats and personal watercraft
Boats are not titled in Tennessee. Motorized boats are registered through the Tennessee Wildlife Resources Agency.[4]
Boats also come with trailers that have their own paperwork, engines with their own serial numbers, and sometimes a marina storage bill. If a marina is owed money, that has to be settled before the boat can move; see our lien sales guide.
Aircraft
Aircraft ownership is recorded federally, with the FAA Aircraft Registry. To register an aircraft, the buyer files an Aircraft Registration Application (AC Form 8050-1) with evidence of ownership and the registration fee.[5] The usual evidence of ownership is the FAA's Aircraft Bill of Sale, AC Form 8050-2.[6]
Logbooks drive aircraft value. Keep the airframe, engine and propeller logs together and with the aircraft. A plane with complete logs and a recent annual inspection reaches a much wider group of buyers than one with gaps.
Sales tax: who pays it
Tennessee exempts many one-time sales by people who are not in the business of selling, but that exemption does not cover vehicles, boats or aircraft that must be registered.[12] In practice, the buyer pays the tax when they title or register the vehicle or boat at the county clerk.[1] Business equipment can raise its own sales tax questions, so a closing business should ask its CPA.
Why the right auction firm matters
A dump truck, a pontoon boat and a vintage Cessna each have their own buyers, and those buyers follow different auction houses. The best-run general auction in your county may not be where the serious bidders for your asset are looking. FALCO matches each asset to the licensed Tennessee firm whose buyers want it, and the firm handles the listing, the bidding and the paperwork at the end.
Questions
Common questions
Are boats titled in Tennessee?
No. Tennessee does not title boats. Motorized boats are registered through the Tennessee Wildlife Resources Agency, and a buyer registers a boat at the county clerk with a bill of sale that includes the hull identification number, the price and both parties' information.
Do I need an odometer disclosure when I sell a vehicle at auction?
Under federal rules, vehicles from model year 2011 and newer need an odometer disclosure until they are 20 years old. Vehicles from model year 2010 and older, vehicles over 16,000 pounds gross vehicle weight, and vehicles that are not self-propelled are exempt.
Do I keep my license plate when I sell a car in Tennessee?
Yes. Under Tennessee law, when a vehicle changes hands the registration expires and the owner removes the plate. You may be able to transfer it to another vehicle you own.
How is an aircraft sale handled in Tennessee?
Ownership is recorded federally. The buyer files an Aircraft Registration Application (AC Form 8050-1) with evidence of ownership, usually the Aircraft Bill of Sale (AC Form 8050-2), with the FAA Aircraft Registry. Tennessee does not register aircraft, but it requires an affidavit of transfer to the Department of Revenue on a sale, and sales or use tax applies.
How do I find out if there is a lien on equipment I want to sell?
Liens on equipment are usually recorded as UCC financing statements filed with the Tennessee Secretary of State, which has a public search. For titled vehicles, the lienholder is shown on the title. Any lien has to be paid off or released at the sale, which is normally done from the proceeds.
What does it cost to sell through FALCO?
No cost to you. The buyer pays a 10% premium on top of the winning bid, and FALCO is paid from that premium. FALCO does not buy or take possession of anything. Licensed Tennessee auction firms run every sale.
Sources
- [1]Tennessee Department of Revenue, Sales and Use Tax Guide for Motor Vehicles and Boats
- [2]49 C.F.R. § 580.17 (odometer disclosure exemptions)
- [3]Tenn. Code Ann. § 55-4-118 (registration plates on transfer of ownership)
- [4]Tennessee Wildlife Resources Agency, Boating Registration
- [5]Federal Aviation Administration, Register an Aircraft
- [6]Federal Aviation Administration, AC Form 8050-2 Aircraft Bill of Sale
- [7]14 C.F.R. § 49.17 (recording conveyances of aircraft)
- [8]Tennessee Department of Revenue, Aircraft-2: How to Register Aircraft in Tennessee
- [9]Tennessee Department of Transportation, Aeronautics: Aircraft and Helicopter Tax and Transfer
- [10]Tenn. Code Ann. § 47-9-501 (where UCC financing statements are filed)
- [11]Tennessee Secretary of State, UCC filings and search
- [12]Tenn. Comp. R. & Regs. 1320-05-01-.09 (occasional and isolated sales)
- [13]Tenn. Code Ann. § 62-19-102 (auctioneer licensing; public automobile auctioneers)
- [14]Tenn. Code Ann. § 55-17-109 (motor vehicle dealer and automobile auction licensing)
Tax rates and fees change. Confirm current amounts with your county clerk, TWRA or the FAA before you sell.