Title 11, Finance and Taxation

COL292017 HOTEL AND SIMILAR LODGING HOUSE FACILITIES The tax levied by § 30101 shall be paid to the Commissioner with the monthly return which shall be filed on or before the 20th day of the month following the month during which such taxable incidents occurred. The general provi…

Every taxpayer shall keep, in the English language, in Guam, and preserve for a period of five (5) years, suitable records of gross proceeds of sales and gross income, and such other books, records of accounts, registers of occupants, cash register tapes, and invoices as may be r…

Any person, required under this Chapter to collect, account for, and pay over the tax imposed by this Chapter, who willfully fails to collect or truthfully account for and pay over such tax shall be guilty of a felony. Evidence of personal use of any such tax so collected by the …

(a) Sales or retail sales shall not include specific, individual transactions in which the price or charge for the commodity, property, or service being sold is less than One Dollar ($1.00). (b) The tax imposed by this Chapter shall not apply to any property, or consumption of su…

(a) There is hereby created, separate and apart from other funds of the government of Guam, a fund known as the Tourist Attraction Fund (hereinafter TAF). The TAF shall not be commingled with the General Fund and shall be kept in a separate bank account. All proceeds from taxes c…

Notwithstanding the general provisions of 5 GCA § 22406 which require that unused and de-appropriated funds revert to the General Fund, or any other provision of Guam law to the contrary, all de- appropriated or unused funds appropriated from the TAF shall, in all circumstances, …

Notwithstanding the provisions of 5 GCA § 21103, § 21107 and § 21110 or any other provision of Guam law to the contrary, all interest earned on TAF-Funded investments or accounts shall be returned to the TAF. SOURCE: Added by P.L. 23-015:4 (May 13, 1995).

Notwithstanding 11 GCA § 106138, twenty-five percent (25%) of the revenue collected pursuant to § 106132 is appropriated to the Infrastructure Improvement Fund. SOURCE: GC § 19650.05, added by P.L. 19-005:143 (Aug. 21, 1987).

(a) Transient accommodations broker means any person or entity, including, but not limited to, persons who operate online websites, online travel agencies or online booking agencies, that offers, lists, advertises, or accepts reservations, or collects whole or partial payment for…

(a) Under this Section, a registered transient accommodations broker tax collection agent shall assume all obligations, rights and responsibilities imposed by this Chapter upon its operators and plan COL292017 HOTEL AND SIMILAR LODGING HOUSE FACILITIES managers with respect to th…

(a) A registered transient accommodations broker tax collection agent may cancel its registration under this Section by delivering a written notice of cancellation to the Director and each of its operators and plan managers furnishing transient accommodations in the state no late…

The definitions set forth herein shall govern the construction and interpretation of this Chapter: (a) Director means the Director of Administration. (b) District means the municipal districts as defined in and established by Title 1, Guam Code Annotated. (c) Fund means the separ…

There is established the District Improvement Fund (the Fund) which shall be maintained separate and apart from any other funds of the government of Guam and independent records shall be kept in connection therewith.

COL120106 The Director is hereby directed to establish and maintain the Fund which shall include subaccounts for each of the districts.

The Director of Revenue and Taxation shall provide the Director and the Legislature with a quarterly report of all revenue collected from each of the districts.

The Director shall deposit Two Million One Hundred Seventy-Five Thousand Dollars ($2,175,000) from the revenue collected annually in the following subaccounts of the Fund: Dededo $150,000 Tamuning-Tumon $150,000 Barrigada $150,000 Yigo $150,000 Mangilao $105,000 Agat $105,000 Mon…

COL120106 Appropriations for improvements within a district may be made from the subaccount of the Fund for such district upon request to the Legislature by resolution of the Municipal Planning Council of such district but expenditures of such funds shall be governed by the procu…

The Director is enjoined from transferring or expending funds from any of the district subaccounts except as authorized by resolution of such district’s Municipal Planning Council.

The Director shall provide the Legislature with a quarterly report of the balances of such district subaccounts.

Unexpended funds remaining in the Fund after the end of each Fiscal Year shall remain in the Fund and shall become a part of the current Fiscal Year balance.

Any improvement that cannot be funded under this Chapter because of unavailability of funds may be funded from the unappropriated surplus of the General Fund.

If any of the provisions of this Chapter or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect any other provision or application of this Chapter which can be given effect without the invalid provision or application, and to …

The provisions of this Chapter shall take effect upon enactment, except that capital improvement projects which have received appropriations prior to the effective date of this Chapter will remain appropriated pursuant to the prior acts in which they were appropriated. ----------…

As used in this Chapter: (a) State shall include any state, territory, or possession of the United States, and the District of Columbia. (b) Tax shall include any and all assessments lawfully made, whether based on a return or other disclosure of the taxpayer, upon the informatio…

Any state of the United States or any political subdivision thereof shall have the right to sue in the District Court of Guam to recover any tax which may be owing to it when the like right is accorded to the government of Guam by such other state. The certificate of the Secretar…

The Attorney General of Guam may bring suits in the courts of other states, in the name of the government of Guam, to collect taxes due the government of Guam. SOURCE: GC § 19800.2.

This Chapter may be cited and referred to as the Reciprocal Tax Claims Act. COL120106 SOURCE: GC § 19800.3. ---------- COL120106

The Legislature declares it to be the purpose of the Chapter to promote the economic development of Guam by making it possible for individuals who become Guam residents to pay little income tax on their earned income derived from sources outside of Guam. Since this Chapter is not…

A rebate of seventy-five percent (75%) of personal income tax payable by resident individual taxpayers to the government of Guam on earned income derived from sources outside of Guam, the United States, its states, territories or possessions is hereby established and declared. Th…

COL120106 To claim the rebate authorized by this Chapter, an individual citizen of the United States shall establish to the satisfaction of the Guam Economic Development Authority (the Authority) that he has been a bona fide resident of Guam within a taxable year in which case am…

For purposes of this Chapter, the term earned income means wages, salaries or professional fees and other amounts received as compensation for personal services actually rendered, but does not include that part of the compensation derived by the taxpayer for personal services ren…

In any case in which any amount of income is eligible for the seventy-five percent (75%) rebate, there shall be disallowed as deductions or tax credits, any expenses, losses or other items otherwise deductible properly allocable to or chargeable against the amounts so eligible fo…

COL120106 A taxpayer seeking a rebate under this Chapter shall attach to his income tax return when filing the same, a form furnished by the Guam Economic Development Authority reporting in detail all income and deductions therefrom upon which the claim for a rebate is based, wit…

Deposits for income tax subject to rebate pursuant to this Chapter shall be placed in a separate account in the Treasury of Guam, herein designated as the Foreign Source Income Tax Rebate Fund. SOURCE: GC § 19906, as added by P.L. 14-32.

The Director of Revenue and Taxation and the Board of Directors of the Authority, subject to the approval of the Legislature, by resolution, are authorized and directed to make and promulgate joint rules and regulations for the purpose of implementing the provisions of this Chapt…

This law may be cited as the American Investors Act. SOURCE: GC § 43600 added by P.L. 12-122 (6/21/1974). This entire Chapter was added by P.L. 12-122. Source references will be to this Public Law unless later amended or modified.

As used in this Chapter: (a) State means any of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa and the Trust Territory of the Pacific Islands. (b) American lender means (1) a member of the Federal Reserve System, an insured bank as de…

An American lender which (a) does not maintain a place of business in Guam, (b) conducts its principal activities outside Guam, and (c) complies with this Chapter, does not by engaging in Guam in any or all of the activities specified in the following section violate the laws of …

The activities referred to in the preceding section are: (a) Making loans; (b) Receiving security for loans; (c) Acquiring by assignment or otherwise partial or entire interests in loans or in security for loans; (d) Servicing (but servicing only by or through individuals who are…

Before engaging in Guam in any of the activities specified in § 35104, an American lender shall execute and file with the Director of Revenue & Taxation a statement. The statement shall list its name, state of incorporation or organization, and principal place of business, shall …

(a) If after notice and hearing as hereinafter provided, the Director of Revenue & Taxation shall determine that any American lender having on file a statement as provided in § 35105, (1) maintains an office in Guam, (2) conducts its principal activities in Guam, or (3) is or was…

Nothing in this Chapter shall require any corporation to qualify to do business in Guam, or subject any person, firm, corporation, or trust to taxation under any law of Guam if, but for the enactment of this Chapter, the person, firm, corporation, or trust would not have been req…

In addition to such other jurisdiction as the District Court of Guam has with respect to the income tax provided by §81 of the Organic Act of Guam [48 U.S.C.A. GC § 1421i] and pursuant to the United States Internal Revenue Code of 1954, as amended, and any future amendments there…

At the discretion of the Director, any unpaid gross [sic] tax liability may be the basis for cause of action by the government of Guam in the Superior Court of Guam. Such action shall be initiated by complaint and shall be subject to the Rules of Civil Procedure. SOURCE: Added by…

Notwithstanding any law or rules and regulations to the contrary, when the government of Guam cannot make cash payment for the acquisition of privately-owned lands due to the unavailability of funds or for other reasons, the owner of such real property acquired by the Government …

The Director of Revenue and Taxation shall, pursuant to the Administrative Adjudication Act, formulate rules and regulations to implement the provisions of §38101. SOURCE: GC § 19901, as added by P.L. 14-69:1. ---------- COL120106