§ 321.46 — New title and registration upon transfer of ownership — credit

Iowa § 321.46

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 321: MOTOR VEHICLES AND LAW OF THE ROAD

Text

1. The transferee shall, within thirty calendar days after purchase or transfer, apply for
andobtainfromanycountytreasureranewinitialregistrationandanewcertificateoftitlefor
the vehicle, except as provided in section 321.25, 321.48, or 322G.12, or when the transferee
obtains the vehicle pursuant to section 321.52, subsection 2, paragraph “b”. In the case of a
mobile home or manufactured home, the transferee shall, within thirty calendar days after
purchase or transfer, apply for and obtain from the county treasurer of the county where the
mobile home or manufactured home is located a new certificate of title. The transferee shall
present with the application the certificate of title endorsed and assigned by the previous
owner and shall indicate the name of the county in which the vehicle was last registered and
the registration expiration date.
2. Upon filing the application for a new initial registration and a new title, the applicant
shall pay a title fee of thirty dollars, an annual registration fee prorated for the remaining
unexpired months of the registration year, and a fee for new registration if applicable. A
manufacturer applying for a certificate of title pursuant to section 322G.12 shall pay a title
fee of twenty dollars. However, a title fee shall not be charged to a manufactured or mobile
home retailer applying for a certificate of title for a used mobile home or manufactured
home, titled in Iowa, as required under section 321.45, subsection 4. The county treasurer,
if satisfied of the genuineness and regularity of the application, and in the case of a mobile
home or manufactured home, that taxes are not owing under chapter 435, and that applicant
has complied with all the requirements of this chapter, shall issue a new certificate of title
and, except for a mobile home, manufactured home, or a vehicle returned to and accepted
by a manufacturer as described in section 322G.12, a registration card to the purchaser or
transferee, shall cancel the prior registration for the vehicle, and shall forward the necessary
copies to the department on the date of issuance, as prescribed in section 321.24. Mobile
homes or manufactured homes titled under chapter 448 that have been subject under section
446.18 to a public bidder sale in a county shall be titled in the county’s name, with no fee,
and the county treasurer shall issue the title.
3. Theapplicantshallbeentitledtoacreditforthatportionoftheannualregistrationfeeof
the vehicle sold, traded, transferred, or junked which had not expired prior to the transfer of
ownership of the vehicle. The annual registration fee for the new registration for the vehicle
acquired shall be reduced by the amount of the credit. The credit shall be computed on the
basis of the number of months remaining in the registration year, rounded to the nearest
whole dollar. The credit shall be subject to the following limitations:
a. The credit shall be claimed within six months from the date the vehicle for which credit
is granted was sold, traded, transferred, or junked. After six months, all credits shall be
disallowed.

b. Any credit granted to the owner of a vehicle which has been sold, traded, transferred,
or junked may only be claimed by that person toward the annual registration fee for another
vehiclepurchasedandthecreditmaynotbesold,transferred,orassignedtoanyotherperson.
c. When the amount of the credit is computed to be an amount of less than ten dollars, a
credit shall be disallowed.
d. To claim a credit for the unexpired annual registration fee on a junked vehicle, the
county treasurer shall disallow any claim for credit unless the owner presents a junking
certificate or other evidence as required by the department to the county treasurer.
e. A credit shall not be allowed to any person who has made claim to receive a refund
under section 321.126.
f. If the credit allowed exceeds the amount of the annual registration fee for the vehicle
acquired, the owner may claim a refund under section 321.126, subsection 1, paragraph “f”,
for the balance of the credit.
g. The credit shall be computed on the unexpired number of months computed from the
date of purchase of the vehicle acquired.
4. If the annual registration fee upon application is delinquent, the applicant shall be
required to pay the delinquent fee from the first day the annual registration fee was due
prorated to the month of application for new title.
5. The seller or transferor may file an affidavit on forms prescribed and provided by the
department with any county treasurer certifying the sale or transfer of ownership of the
vehicle and the assignment and delivery of the certificate of title for the vehicle. Upon receipt
of the affidavit, the county treasurer shall file the affidavit with the copy of the registration
receipt for the vehicle on file in the treasurer’s office and on that day the treasurer shall note
receipt of the affidavit in the vehicle registration and titling system. Upon filing the affidavit,
it shall be presumed that the seller or transferor has assigned and delivered the certificate of
title for the vehicle. For a leased vehicle, the lessor licensed pursuant to chapter 321F or the
lessee may file an affidavit as provided in this subsection certifying that the lease has expired
or been terminated and the date that the leased vehicle was surrendered to the lessor.
6. Anapplicantforanewregistrationforavehicletransferredtotheapplicantbyaspouse,
parent, or child of the applicant, or by operation of law upon inheritance, devise or bequest,
from the applicant’s spouse, parent, or child, or by a former spouse pursuant to a decree
of dissolution of marriage, is entitled to a credit to be applied to the annual registration fee
for the transferred vehicle. A credit shall not be allowed unless the vehicle to which the
credit applies is registered within the time specified under subsection 1. The credit shall be
computed on the basis of the number of unexpired months remaining in the registration year
of the former owner computed from the date the vehicle was transferred, computed to the
nearest whole dollar. The credit may exceed the amount of the annual registration fee for
the transferred vehicle. When the amount of the credit is computed to be an amount of less
than ten dollars, the credit shall be disallowed. The credit shall not be sold, transferred, or
assigned to any other person.
7. If a motor vehicle is leased and the lessee purchases the vehicle upon termination of
the lease, the lessor shall, upon claim by the lessee with the lessor within six months of the
purchase, assigntheannualregistrationfeecreditandregistrationplatesfortheleasedmotor
vehicle to the lessee. Credit shall be applied as provided in subsection 3.

Legislative History

[S13, §1571-m9; C24, 27, 31, 35, §4962; C39, §5002.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.46; 82 Acts, ch 1251, §11]