How to Fill Out the Texas VTR-40 Odometer Disclosure Statement

Form VTR-40 is the Texas VTR-40 odometer disclosure statement that a seller uses to certify a vehicle’s mileage when the title itself does not have a built-in odometer section. You fill it out with the buyer, attach it to the title application, and file both at the county tax assessor-collector’s office. It comes up most often with out-of-state titles and older Texas titles.

When You Need the Form

Current Texas titles print an odometer disclosure block directly on the title, so the seller writes the mileage right on the document. The VTR-40 fills in when a title, from Texas or another state, lacks that block.¹ Out-of-state titles are the usual trigger, since many states format them differently.

Some vehicles are exempt from odometer disclosure entirely, and for those you skip the VTR-40 no matter what the title looks like. Texas follows the federal exemptions in 49 CFR Part 580.² The two exemptions are:

Model year 2011 and newer vehicles become exempt once they are more than 20 years old. Model year 2010 and older vehicles already fall under the previous 10-year exemption.³
Vehicles with a gross vehicle weight rating above 16,000 pounds, based on the manufacturer’s certification label.⁴

If the vehicle qualifies, the title carries an “Exempt” odometer brand instead of a number, and no VTR-40 is needed.

How to Fill It Out

The seller does most of the writing. Texas Transportation Code Section 501.072 places the disclosure obligation on the transferor.²

Vehicle and Mileage Fields

Enter the vehicle identification number, year, make, and body style. Copy the VIN character by character from the title or door-jamb sticker; a single wrong digit will hold up the transfer. Walk out to the vehicle and read the odometer just before you sign, then write the mileage as a whole number. The county compares this figure to what the buyer records on the 130-U, and any mismatch will bounce the paperwork.

Odometer Status Box

Below the mileage field, pick one of three status options. The box you check becomes the odometer brand on the new Texas title.

Actual Mileage: the reading reflects the vehicle’s true total mileage.⁵
Not Actual Mileage: the reading is known to differ from true mileage, for example because the odometer was replaced.⁵
Exceeds Mechanical Limits: the odometer has rolled past its maximum and cycled back, so the number displayed is lower than actual mileage.⁵

Checking “Not Actual” or “Exceeds Mechanical Limits” is not an admission of wrongdoing. It protects the seller from later disputes. Checking the wrong box, though, can expose you to fraud claims.

Signatures

Federal law requires the transferor to give the transferee a signed, written odometer disclosure.⁶ Both parties print and sign their names. The seller’s printed name should match the title exactly. If the title says “Robert” and the seller signs “Bob,” the county may reject the form. Use ink. No pencil, no correction fluid.

What to Submit With It

The VTR-40 files together with the Application for Texas Title (Form 130-U) and the supporting documents the county needs to complete the transfer.² Bring:

A completed Form 130-U, with the buyer’s odometer reading matching the VTR-40.⁷
The original title, signed over by the seller with the buyer’s information filled in.
The buyer’s government-issued photo ID as listed on the 130-U.⁷
Proof of Texas liability insurance on the vehicle.
The title application fee, $28 or $33 depending on the county.⁷
Motor vehicle sales tax at 6.25 percent of the purchase price.

Both forms are on the TxDMV website or available in person at the county tax office.

Where to File

Take the packet to your county tax assessor-collector. Title transfers cannot be completed online.⁷ Some counties accept mailed transfers; call yours first if that matters. When a VTR-40 is in the packet, an in-person visit is safer, because a clerk can catch a bad VIN or a signature mismatch on the spot rather than mailing the whole thing back.

Allow at least 20 business days for the new title to arrive by mail. Keep a photocopy of the signed VTR-40 and everything else you submit.⁸

Filing Deadline and Late Penalties

The buyer has 30 calendar days from the date the seller signed the title over to file. Active-duty military get 60 days. The clock starts the day after the seller signs.⁹

Miss the window and the penalties add up:

Day 31: a $25 late-transfer penalty.
Each additional 30-day period: another $25.
Maximum: $250.⁹

Late filers also owe a separate sales tax penalty: 5 percent of the tax due, rising to 10 percent if still unpaid after another 30 days.⁹

Consequences of a False Disclosure

A false odometer statement is not a paperwork error, and this is the reason to think carefully about which status box you check. Under Texas Transportation Code Chapter 727, tampering with an odometer or providing a false disclosure is punishable by up to two years in county jail, a fine of up to $1,000, or both. A second conviction raises the minimum jail time to 30 days and the maximum fine to $2,000.¹⁰ Federal law adds up to three years in prison and civil penalties reaching $10,000 per vehicle.¹¹ A defrauded buyer can also sue for three times actual damages or $10,000, whichever is greater, plus attorney fees, within two years of discovering the fraud.¹²

1
Texas Department of Motor Vehicles. Titling Vehicles – Section 6.5 Odometer Statements
2
State of Texas. Texas Transportation Code 501.072 – Odometer Disclosure Statement
3
National Highway Traffic Safety Administration. Consumer Alert – Changes to Odometer Disclosure Requirements
4
National Highway Traffic Safety Administration. Interpretation ID nht74-4.2
5
Texas Department of Motor Vehicles. Odometer Brands
6
Office of the Law Revision Counsel. 49 USC 32705 – Disclosure Requirements on Transfer of Motor Vehicles
7
Texas Department of Motor Vehicles. Application for Texas Title and/or Registration Form 130-U
8
Texas Department of Motor Vehicles. Buying or Selling a Vehicle
9
Travis County Tax Office. Vehicle Title Transfer Fees and Penalties
10
State of Texas. Texas Transportation Code TRANSP 727.002
11
Office of the Law Revision Counsel. 49 USC 32709 – Civil and Criminal Penalties
12
Office of the Law Revision Counsel. 49 USC 32710 – Civil Actions by Private Persons