Title 12 — Autonomous Agencies

The Program shall apply island-wide to qualified commercial structures that are visible to the public and contribute to Guam’s tourism image and community environment. GEDA shall assign priority consideration to projects located within designated tourism and village revitalizatio…

(a) A qualified business may apply for tax incentives on qualified improvements pursuant to this Article under one or more of the following categories, subject to verification and fiscal caps: (1) Business Privilege Tax Credit: A credit against the unpledged portion of the Busine…

(a) A qualified business shall submit an application to GEDA prior to commencing construction, including project description, cost estimates, timeline, renderings, proof of tax compliance, and, if applicable, written consent from the property owner. (b) GEDA shall evaluate based …

(a) The aggregate value of all incentives issued under this Article shall not exceed Five Million Dollars ($5,000,000) per fiscal year. (b) Unused credits, not exceeding Two Hundred Fifty Thousand Dollars ($250,000), may be carried forward for one (1) additional fiscal year. (c) …

GEDA and the Department of Revenue and Taxation (DRT) may recapture any incentives if improvements are incomplete, not maintained for three (3) years, or transferred without approval. Recaptured amounts shall be treated as unpaid tax liabilities.

GEDA shall promulgate rules pursuant to this Article within One Hundred Twenty (120) days from enactment, in consultation with DRT, Department of Administration (DOA), Department of Public Works (DPW), the Mayors’ Council of Guam (MCOG), Guam Historic Preservation Office (GHPO), …

GEDA shall submit an annual report to I Liheslaturan Guahan detailing the applications received, the private investment leveraged, the incentives issued by type, the geographic distribution, and economic impact. A public list of approved applicants shall be published on its offic…

GEDA may allocate up to two percent (2%) of the total value of tax incentives authorized under this Article within each fiscal year for administrative, verification, and reporting expenses. This administrative allocation shall be considered part of the overall annual program’s ca…

If any provision of this Act or its application to any person or circumstance is found to be invalid or inorganic, such invalidity shall not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end …

The provisions of this Article are applicable to the Guam Raceway Park as authorized by the Act.

To the extent that any business licensed to do business on Guam contributes the cost of design, labor and materials to design and/or construct the Guam Raceway Park, such business must be certified by GEDA to be eligible for any credits against Business Privilege Taxes as authori…

As the Guam Racing Federation having received a license from the Chamorro Land Trust (Trust) to use Trust property for the Guam Raceway Park, the Trust shall not be liable for any claims resulting from the use of such property. Furthermore, consistent with the provisions of § 3 o…

(a) To the extent that any business contributes the cost of design, labor and materials that are for the construction of the Guam Football (Soccer) Association’s soccer stadium and facilities, it shall be entitled to credit of business privilege taxes. The basis for contribution …

(a) Unless a contractor, materials supplier, designer or landlord/less or has direct involvement in the operations of the soccer stadium and facilities as a director, officer, manager, employee, representative or agent of the Guam Football (Soccer) Association, they shall not be …

The organizers of any event held at the soccer stadium and facilities for which a fee is charged for admission, shall pay to the government of Guam, an admissions assessment of Two Dollars ($2.00) per paid admission of ten percent (10%) of the admission charged, whichever is less…

(a) To the extent that a company providing materials and services for the project contained herein takes more tax benefits in terms of business privilege taxes than the actual value of the materials or services contributed to the project authorized herein, that company shall be r…

The total amount of credits against Business Privilege Taxes for the design and construction of the soccer stadium and facilities authorized herein shall not exceed One Million Two Hundred Thousand Dollars ($1,200,000). The development of soccer facilities in the southern part of…

The tax credits provided to a contributor shall be in a dollar for dollar matching grant form, wherein every dollar that is given by the government of Guam to the contributor as a tax credit shall be matched by a dollar from the Guam Football (Soccer) Federation, to be expended t…

As a condition for the Guam Football (Soccer) Association and its contributors to be entitled to the tax benefits of the program established in this Article, the soccer stadium and facilities must be available to the COL 2026-05-05 general public in accordance with the Memorandum…

(a) The Guam Football (Soccer) Association shall annually submit a copy of the financial statement required in 18 GCA §14102 to the Speaker of I Liheslaturan Guåhan, the Public Auditor, and the Administrator of GEDCA. (b) The Guam Football (Soccer) Association must ensure that it…

GEDCA shall submit a report to I Liheslaturan Guåhan detailing the impact of the program on the Business Privilege Taxes, sports, and economic activities on Guam. GEDCA shall also include in its report its monitoring efforts and any other information related to the program. The r…

GEDCA shall submit to I Liheslaturan Guåhan within thirty (30) days upon the enactment of this Article, rules and regulations governing the implementation of the tax credits portion of this Article. NOTE: Effective July 17, 2007, reference to Gross Receipts Tax (GRT), amended to …

(a) I Liheslaturan Guåhan finds that several sports facilities within the Department of Education have fallen into disrepair. Whether the facilities are damaged by natural disaster, old age, or simply due to the COL 2026-05-05 lack of maintenance, it is of importance that these f…

As used in this Article: (a) “Gymnasium” shall mean a public school sports facility, including, but not limited to, gymnasiums and baseball, soccer and football fields constructed, developed, upgraded, repaired, or maintained by an individual, corporation, or limited liability co…

(a) Individuals, corporations, or limited liability companies making contributions, as approved by the Superintendent of the Department of Education (DOE), towards the construction, development, upgrading, repair or maintenance of any gymnasium shall be authorized tax credits aga…

or Maintenance of Gymnasiums. The total amount of credits against Business Privilege Taxes for the construction, development, upgrading, repair or maintenance of gymnasiums as authorized herein shall not exceed One Million Dollars ($1,000,000.00) for all projects. NOTE: Effective…

Operated by the Guam National Youth Football Federation. (a) The total amount of credits against excise taxes, not inclusive of those pledged for the Healthy Futures Fund pursuant to § 771404 of this Article for the rehabilitation and improvements of the football fields operated …

Pursuant to § 77403(a) of this Article, when approving a project, the Superintendent of the Department of Education must ensure that regular school operations, to the greatest extent possible, are not affected by the construction, development, upgrading, repair or maintenance of …

GEDCA shall submit a report to I Liheslaturan Guåhan detailing the impact of the program on the Business Privilege Taxes, its monitoring efforts, and any other information related to the program. The report shall be transmitted to I Liheslatura on an annual basis until the One Mi…

As a result of the damage caused by the typhoons and super-typhoons that have plagued our Island in the last five (5) years, Guam’s outdoor sporting facilities have deteriorated dramatically. Guam’s youth and adult sporting leagues are left searching for sites to hold their annua…

Guam sole proprietorships, corporations, partnerships, and limited liability companies making contributions towards the development, construction, financing, maintenance, and improvement of an outdoor multi-purpose sports complex at the University of Guam shall be entitled to tax…

The aggregate amount of tax credits authorized by this Article for all contributors shall not exceed One Million Dollars ($1,000,000).

The amount of contribution of any donated merchandise used in the development, construction and improvement of the outdoor multi-purpose sports complex at the University of Guam shall be the actual cost of the item plus the cost of transportation from the point of origin to its d…

The University of Guam or its designee shall be responsible for approving the contributions made towards the development, construction, financing, maintenance, and improvement of the outdoor multi- purpose sports complex at the University of Guam.

The tax credits authorized by this Act shall be subject to the following conditions: (a) Tax credits that cannot be applied during a single tax year may be applied to excise tax liability in subsequent years. (b) A single contributor shall only be entitled to claim tax credits up…

In accordance with the Administrative Adjudication Law, the Guam Economic Development and Commerce Authority shall formulate rules and regulations governing the issuance of the tax credits and the allocation of the aggregate tax credits among contributors authorized by this Artic…

(a) To the extent that any business contributes the actual cost of design, labor and materials that are for the rehabilitation and improvement of the Department of Parks and Recreation (DPR) Tiyan Gymnasium and facilities, it shall be entitled to credit of business privilege taxe…

Unless a contractor, materials supplier, designer or landlord/lessor has direct involvement in the operations of the Tiyan Gymnasium and facilities as a director, officer, manager, employee, representative or agent of the Guam Basketball Confederation, they shall not be held liab…

To the extent that a company providing materials and services for the project contained herein takes more tax benefits in terms of business privilege taxes than the actual value of the materials or services contributed to the project authorized herein, that company shall be requi…

Gymnasium and Facilities. (a) The total amount of credits against unpledged business privilege taxes for the rehabilitation and improvement of the Tiyan Gymnasium and facilities authorized herein shall not exceed Two Million Five Hundred Thousand Dollars ($2,500,000) over a ten (…

As a condition for the Guam Basketball Confederation and its contributors to be entitled to the tax benefits of the program established in this Article, the gymnasium and facilities must be available to the general public in accordance with the Memorandum of Understanding with th…

(a) The Guam Basketball Confederation shall annually submit a copy of the financial statement required in § 14102, Chapter 14 of Title 18 GCA to the Speaker of I Liheslaturan Guåhan, the Public Auditor, and the Administrator of GEDA. (b) The Guam Basketball Confederation must ens…

GEDA shall submit a report to I Liheslaturan Guåhan detailing the impact of the program on the business privilege taxes, sports, and economic activities on Guam. GEDA shall also include in its report its monitoring efforts and any other information related to the program. The rep…

The Guam Economic Development Authority shall implement and monitor the tax credit program authorized pursuant to this Article based on rules and regulations already adopted by GEDA for previous tax credit programs.

The Department of Parks and Recreation and the Guam Basketball Confederation shall enter into a license agreement for the improvement, rehabilitation and maintenance of the Tiyan Gymnasium for a period of ten (10) years, in accordance with the provisions of the Memorandum of Unde…

Nothing in this Article shall prevent the return of ancestral lands upon such time that such ownership is fully reconciled. ARTICLE 7 TAX CREDITS FOR THE HARMON INDUSTRIAL PARK ROADWAY REHABILITATION AND IMPROVEMENT PROJECT SOURCE: Entire Article added by P.L. 33-191:2 (Dec. 13, …

The provisions of this Article are applicable to the Harmon Industrial Park roadway as authorized by this Act. COL 2026-05-05

(a) A business, to the extent that such business contributes to the cost of design, labor, and materials that is for the rehabilitation and improvement of the Harmon Industrial Park roadway, as identified and approved by GEDA, shall be entitled to credit of unpledged business pri…

Harmon Industrial Park Roadway. (a) The total amount of credits against unpledged business privilege taxes for the rehabilitation and improvement of the Harmon Industrial Park Roadway authorized herein shall not exceed One Million Dollars ($1,000,000) over a five (5) year period.…

(a) A business, to the extent that such business contributes to the cost of design, labor, and materials that are for the rehabilitation and improvement of the Harmon Industrial Park Roadway, as identified and approved by the Guam Economic Development Authority (GEDA), shall be e…