Title 11 — Finance and Taxation
59 chapters · 1,261 sections in this title.
11 GCA § 40101 Short Title
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This Chapter may be cited as the Tax Preparer Act. SOURCE: GC § 53640, as added by P.L. 13-92.
11 GCA § 40102 Definitions
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As used in this Chapter: (a) Tax preparer means a person, who for a fee assists with or prepares tax return for others, but does not mean an employee, representative, partner agent, officer or member of a registered tax preparer’s office. (b) Division means the appropriate Divisi…
11 GCA § 40103 Exemptions
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The following persons are exempt from the requirements of this Chapter: (a) Any person regulated by the Board of Public Accountancy; (b) Any person who is a member of the Guam Bar Association; (c) Any trust company or trust business; (d) Any person who is authorized to practice b…
11 GCA § 40104 Enforcement & Administration
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The duty of enforcing and administering this Chapter is vested in the Director, who shall promulgate appropriate rules and regulations for the implementation of this Act. Every power granted or duty imposed upon the Director by this Chapter may be exercised or performed in the na…
11 GCA § 40105 Application for Examination; Registration
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(a) Every tax preparer shall take an examination of not less than fifty (50) questions which will be prepared by the Director of such division or organizational unit or board as he may designate. To qualify, each preparer must receive a passing grade of at least seventy percent (…
11 GCA § 40106 Registration: Eligibility and Qualification
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Upon receipt of the form properly filled out, and receipt of the required fee, and receipt of proof of deposit of the bond required by this Chapter, if the Director determines that the applicant is eligible, he shall validate the registration and send a proof of such valid regist…
11 GCA § 40107 Same: Effective Date and Penalty
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On or after July 1, 1976, it shall be unlawful for any person to be a tax preparer unless such person is registered in accordance with the provisions of this Act. Any person who violates this Section is guilty of a petty misdemeanor for each violation of this Section. SOURCE: GC …
11 GCA § 40108 Same: Denial, Revocation, Suspension and Withdrawal
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(a) The Director may refuse to validate or may suspend or revoke, temporarily or permanently, the registration of tax preparer for any of the following acts or omissions relating to preparing tax returns for others for a fee which are done by the tax preparer or any employee, rep…
11 GCA § 40109 Same: Notice of Denial
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If the Director refuses to validate a registration, he shall notify the applicant by personal service or registered mail, return receipt requested, mailed to the address as shown on the registration form. In the event such notice is given, the applicant shall be given a hearing i…
11 GCA § 40110 Injunctions Restraining Violation
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A judge of the Superior Court, may upon a petition filed by the Director, issue an injunction or other appropriate order restraining conduct in violation of provisions of this Act or other regulations adopted pursuant to this Chapter. The proceedings under this Section shall be g…
11 GCA § 40111 Civil Action
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Nothing in the provisions of this Chapter shall prohibit the bringing of a civil action against a tax preparer by an individual. SOURCE: GC § 53650, as added by P.L. 13-92.
11 GCA § 40112 Severability
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COL070307 REGULATION OF TAX PREPARERS If any provision of this Chapter or application thereof to any person or circumstance is held unconstitutional, the remainder of the Chapter and the application of such provision to other persons or circumstances shall not be affected thereby…
11 GCA § 40113 Bonds Required
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A tax preparer shall deposit with the Division, prior to registration or registration renewal, a cash or surety bond issued by an insurer licensed on Guam in the penal sum of One Thousand Dollars ($1,000.00). The bonds required by this Section shall be payable to the General Fund…
11 GCA § 40114 Same: Penalty
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If any tax preparer fails to file a new bond with the division within thirty (30) days after notice of cancellation by the surety of the bond required under § 40113 the registration under this Chapter shall be suspended until such time as a new bond is filed. A person whose regis…
11 GCA § 40115 Advertising Prohibited
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No tax preparer or employee, representative, partner, officer, agent or member of a tax preparer firm shall make, or authorize the making of any reference to the registration required by this Chapter in any advertising medium. Advertising medium shall include but shall not be lim…
11 GCA § 40116 Distribution of Revenue
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All fees and revenues collected pursuant to this Chapter shall be paid into the General Fund. SOURCE: GC § 53655, as added by P.L. 13-92.
11 GCA § 40117 Amount of Annual Fees
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The fees prescribed by this Chapter shall be set by the Director in the amount estimated to provide for the administration of this Chapter within the limits of the following schedule: (a) The tax preparer registration fee shall be established by the Director at a sum not less tha…