Guam Administrative Code

§ 4205. Additional Information required from Recycling and Shipping Companies. In addition to the material required under Section 4204, supra, a QC applicant seeking tax rebates and/or exemptions under this Part must complete GEDCA Form QC-11. The disclosures made in GEDCA Form Q…

§ 4206. Minimum Recyclable materials In order to qualify for the benefits available under the Recycling and Transshipment of Recyclable Materials Law a person(s), developer, contractor, company or corporation must divert from Guam’s waste stream a minimum of two thousand (2,000) …

§ 4207. Publication of Application and Hearing on Application At the direction of GEDCA, an applicant for a QC under this Part shall publish in a daily newspaper of general circulation on Guam no later than seven (7) days after filing its application with GEDCA, a resume of its a…

§ 4208. Waiver of Docking and Stevedoring Fees A shipping company engaged in the transshipment of recyclable materials may be granted a waiver of their docking and stevedoring fees for each verified load of recyclable materials shipped provided that the shipping company is (a) a …

§ 4209. Port Authority not obligated to provide free services The Port Authority of Guam is not required under the law or these rules and regulations to provide free stevedoring services to any shipping company engaged in the transshipment of recyclable materials.…

§ 4210. Interest from rebated tax All interest earned from the rebated amount for recycling, or for the transshipment of recyclable materials, shall be allocated to the Guam Environmental Protection Agency, Solid Waste Management Fund to assist in the administrative cost for the …

§5101. Purpose. The purpose of this Regulations is to prescribe rules and regulations to assist in the administration of Public Law 8-80, Eighth Guam Legislature approved August 21, 1965, relative to Business Privilege Tax abatements, income tax rebates, and for other purposes ap…

§5102. Establishment of Tax Abatements. Title 12, Guam Code Annotated §58128 provides that the following tax abatements are hereby established and declared, for which Qualifying Certificates may be issued: (a) All taxes now levied by virtue of 11 GCA Chapter 26, Article 3, known …

§5103. Procedure Governing Applications for Abatement of Taxes. The procedures for claiming abatement and rebate of taxes specified under §5102 of this Regulation are prescribed in 12 GCA §58135. However, 12 GCA §58140 authorizes the Tax Commissioner of the government of Guam to …

§5104. Filing of Returns. Section 5103 herein requires the filing of tax returns in the manner prescribed by law for similar returns requiring payment of taxes due. While Public Law 8-80 suspends actual payment of the tax pending final approval by Tax Commissioner of abatement, i…

§5105. Issuing Qualifying Certificate. With respect to 11 GCA Chapter 26, Articles 2, 3, and 4, 12 GAR §58135 provides: When the return for the abated tax is accompanied by a corresponding Qualifying Certificate, the actual payment of the tax in question to the government of Guam…

§5106. Limitation on Abatement of Taxes. Abatement of the taxes authorized herein shall be limited to specific amount or amounts claimed by beneficiary and approved by the Tax Commissioner. The amount of tax abated following issuance of Certificate by the Tax Commissioner shall b…

§5107. Procedures Governing Claims for Abatement. The procedures enumerated hereunder shall govern claims for abatement of all taxes levied by 11 GCA Chapter 24, such abatement being authorized by §5102 of this Regulation: (a) Real Property Taxes: (1) Applications for abatement o…

§5108. Income Tax Rebates. The regulation governing income tax rebates authorized in 12 GCA

§5109. Rebate Fund Deposit and Certification of Rebate. (a) Rebate Fund Deposit: (1) Following receipt of a beneficiary's return, the Tax Commissioner shall immediately cause issuance of an official receipt showing the name of such beneficiary, the date and amount of the tax coll…

§5110. Definitions. (a) Definitions: (1) Beneficiary. The term as used in this Regulation shall be governed by 12 GCA §58102 (2) Qualifying Certificate. The term as used in this Regulation shall be governed by 12 GCA §59101. (3) Subchapter S Corporation. This term as used in this…

§5111. Authority. NOTE: Rule-making authority cited for formulation of tax abatement and rebate regulations by the Tax Commissioner of the Department of Revenue and Taxation, 12 GCA §58140 Laws covering tax abatements and rebates for which Qualifying Certificates of the Guam Econ…

§58137 and §25138 shall be as follows: (a) Who may claim rebate: (1) Any recipient of a Qualifying Certificate issued under Public Law 8-80, whether an individual, firm, partnership or corporation who shall be subject to and who has paid the Guam Territorial Income Taxes. CH. 5 -…

§6101. Purpose. The purpose is to prescribe Administrative rules that will assist in the administration of the Hotel Development Act, P.L. 16-87, relative to the functions of the Guam Economic Development Authority in the development of hotel facilities (12 GCA, Chapter 70).

§6102. Definitions. As used or referred to in these Guidelines, the following terms shall have these respective meanings unless a different meaning clearly appears in the context: (a) Authority means the Guam Economic Development Authority, created by P.L. 8-80, as amended (Eight…

§6103. Functions of the Authority. The functions of the Authority in administering the Hotel Development Act shall be: CH. 6 - HOTEL DEVELOPMENT FUND - 1997 - P. 2 (a) To promote the construction and operation of new hotels and expansion of existing hotels and related facilities.…

§6104. Purpose. The purpose of these Rules and Regulations is to establish, pursuant to 12 GCA §70108 further standards and criteria for the granting of certificates of exemption by the corporation.

§6105. Eligibility. (a) Any person planning to enter or who has entered into an agreement for the construction of a hotel and related facilities and/or payment of cost of construction of infrastructure in connection with a hotel and related facilities, or for incidental and neces…

§6106. Application and Approval Procedures. (a) A pre- application for exemption certificates must be submitted for the Authority to determine eligibility on the proposed project and project contracts: (1) Applications by the project owner/developer identifying the project contra…

§7101. Authority. By virtue of P.L. 20-149, Guam Economic Development Authority (GEDA), has been appropriated the sum of $100,000 to create a Local Arts Revolving Fund (“LARF“). GEDA is also mandated to adopt rules and regulations for the administration of that fund.

§7102. Purpose. The purpose of the LARF is to promote the preservation, development and production of Chamorro music and song. It is the finding of GEDA that Chamorro music and song is an important part of the heritage and culture of the Territory and must be recorded and preserv…

§7103. Delegation to Administrator. The Administrator is directed to establish such procedures as he deems appropriate to make and administer loans to local artists and nonprofit associations consistent with the requirements of these rules.

§7104. Eligible Recipients. No loan shall be made from the LARF except to the following: (1) To an individual resident of the Territory of Guam that is either a U.S. citizen or permanent resident of the United States; and (2) To an individual with demonstrated artistic ability to…

§7105. Permitted Purposes. Any loan made from the LARF shall be for at least one of the following purposes: (1) For the approved expenses of recording and marketing Chamorro music and songs; (2) For a specific project to study, research or analyze the history or character of Cham…

§7106. Maximum Loan. The amount loaned to a borrower shall be appropriate to the specific project approved by the Board, but in no event shall the amount loaned to any borrower or for any one project be more than $15,000.

§7107. Loan Application and Review Process. (a) The Administrator shall prepare such application forms as he deems appropriate to be completed by all individuals and associations requesting loans; (b) All applicants shall also complete and submit to the Guam Council of the Arts a…

§7108. Requirements for Each Loan. (a) No interest shall be charged on any loan from the LARF; (b) No loan shall be made to any applicant that does not have a verified source of income or collateral securing the repayment of the loan according to its terms; (c) No loan shall be m…

§7109. Ineligible Applications. No loan shall be given to any applicant or association if the direct or indirect purpose or result of the loan would be any of the following: CH. 7 - LOCAL ARTS REVOLVING FUND - 1997 - P. 3 (1) To pay off existing creditors; (2) To provide funds fo…

§7110. Definition. The definition of Chamorro music and song includes songs sung in the Chamorro language, music using the harmonies, melodies, rhythms or tempos traditional to the indigenous people of Guam and the Northern Mariana Islands and songs in languages other than Chamor…

§8101. Introduction. The purpose of these regulations is to establish standards and criteria for the Guam Economic Development Authority (hereinafter referred to as "GEDA") to administer the Small Business Development Fund established in Title 12 Guam Code Annotated (hereinafter …

§8102. Definitions. The following definitions shall apply for the purposes of these regulations: (a) Administrator shall mean the administrator of GEDA as defined in Title 12 GCA §50101. (b) Assets shall mean anything having commercial or exchange value owned by the recipient or …

§8103. Eligibility. In order to be eligible for either a loan or equity participation, the following requirements must be met: (a) The Board shall authorize loans or equity participation only to Persons engaged, or about to engage in a desired industry and currently performing on…

§8104. Parameters for Loans by GEDA. (a) The minimum loan from the SBDF shall be Twenty-Five Thousand Dollars ($25,000). (b) SBDF loans shall be limited to the following types of loans: (i) Joint Participation Loans. GEDA may be a co- lender with a bank in a joint participation l…

§8105. Parameters for Equity Participation by GEDA. The investment by GEDA into any business shall be on such terms and conditions as are adopted by the Board and shall include or be subject to the following: (a) The maximum level of Equity participation that GEDA is authorized t…

§8106. Requirements to be Included in Every Equity Agreement. Every Equity Agreement shall include the following requirements: (a) If the Recipient is an entity other than a Corporation, it must incorporate under the laws of the Territory of Guam. (b) The Recipient shall be requi…

§8107. Application Requirements for Assistance. (a) Each Person applying for assistance from the SBDF Program shall complete and submit an application with supporting documents. Such application shall include the following: (i) A detailed description of the Project for financing …

§8108. Fees. (a) There shall be assessed to each applicant a non-refundable fee of Two Hundred Fifty Dollars ($250.00) per application, plus any and all out-of- pocket costs of GEDA including, but not limited to attorneys and accountant fees. CH. 8 - SMALL BUSINESS DEVELOPMENT FU…

§8109. Ineligible Applications. (a) No assistance shall be given to any applicant if the direct or indirect result of such assistance would mean that the loan or Equity Participation proceeds would be applied to any of the following: (i) The payment of delinquent withholding taxe…

§8110. Board Approval. Before making its final approval with respect to either a loan or Equity Participation, the Board shall consider and make specific findings on the following: (a) The impact of the applicant's proposed activities upon established businesses and markets in th…

§8111. Sunshine Law Provision. For the purposes the "Sunshine Act of 1987," Guam Public Law 19-5, §136, a "Public Writing" shall be defined as set out in Section 6751(c) of such Act but shall specifically exclude market studies, business plans made in conjunction with an applicat…

§2127 in its entirety as regulations in Chapter 2 are obsolete. Lapsed into law on July 20, 2009 due to legislative inaction. ---------- COL12/6/2021 1

§10100. Reports: Forms Authorized. The following forms adopted for use with the Federal Longshoremen's and Harbor Workers' Compensation Act shall likewise be acceptable by the Commissioner for the purposes of the Guam Worker's Compensation Law in lieu of the regular Guam forms. W…

§10101. Same: Forms Prescribed and Authorized. The following forms shall be required and used for the purposes set forth herein in a like manner as if they were specifically required by law. The GWC forms referred to CH. 10 - WORKER‘S COMPENSATION COMMISSION - 1997 - P. 2 herein …

§10102. Notices and Reports May be Filed With the Commissioner. In any case where the Guam Worker's Compensation Law requires any notice to be given to, or CH. 10 - WORKER‘S COMPENSATION COMMISSION - 1997 - P. 4 report to be filed with the Commission, the giving of notice to, or …

§10103. Discharge by Carrier of Obligation and Duties of Employer. Every obligation and duty in respect of payment of compensation, the providing of medical and other treatment and care, the payment or furnishing of any other benefit required by 22 GCA Chapter 9, and in respect o…