Title 11, Finance and Taxation

In order for I Liheslaturan Guåhan to make the proper legislative appropriation pursuant to § 51101(a) of this Chapter, the Tax Commissioner shall submit to I Liheslaturan Guåhan [Guam Legislature] on the 15th day of January each year a detailed budget request of itemized cost of…

If the Department of Revenue and Taxation chooses to enter into contracts with temporary income tax returns processors, the Department of Revenue and Taxation shall promulgate rules and regulations governing the contract. The processors under contracts shall be deemed independent…

Any and all expenditures from the Trust Fund shall be for the payment outlined in § 51103, and for no other purpose. The Trust Fund shall not be subject to or permit I Maga’lahen Guåhan to pledge the Trust Fund for payments or repayments of any government of Guam general fund obl…

(a) Monthly Reporting. The Tax Commissioner and the Director of Administration shall report to I Maga’lahen Guåhan and I Liheslaturan Guåhan regarding the total deposits in each month and the current balance of the Trust Fund within fifteen (15) calendar days of the end of each m…

The money placed in the Trust Fund is not subject to any transfer authority of I Maga’lahen Guåhan. COL10312014 PAYMENT TRUST FUND ACT OF 2002

The provisions of the Income Tax Refund Efficient Payment Trust Fund Act of 2002 shall be effective on October 1, 2002. ---------- COL10312014

(a) There is hereby created, separate and apart from other funds of the government of Guam, a fund known as the ‘Department of Education Operations Fund’. This fund shall not be commingled with the General Fund and shall be kept in a separate bank account to be in the name of the…

Fund. The contents of the Department of Education Operations Fund are appropriated to the Department of Education for the operations of the Department of Education and for such improvements of the Department of Education, including capital improvements, as may be found necessary …

As used in this Chapter, unless the context otherwise requires: (a) Account or ABLE savings account means an individual savings account established in accordance with this Chapter. (b) Account owner means the person who enters into a savings agreement pursuant to this Chapter. (c…

The Director shall establish the Guam ABLE Savings Program to provide for or facilitate individual savings accounts that empower individuals with a disability and their families to save private funds to support an individual with a disability. The Program shall be able to accept …

(a) The Director shall implement and administer the program under the terms and conditions established by this Chapter and in conformity with federal law, including the Stephen Beck, Jr. Achieving a Better Life Experience (ABLE) Act of 2014, Division B of U.S. Public Law No. 113-…

(a) A management contract shall include, at a minimum, terms requiring the financial organization to: (1) take any action required to keep the program in compliance with the requirements of this Chapter and take any action not contrary to the management contract to qualify as a q…

Conditions. (a) An ABLE savings account established pursuant to this Chapter shall be opened by a designated beneficiary or by a trustee or guardian of a designated beneficiary who lacks capacity to enter into a contract; provided, that the designated beneficiary shall be an elig…

account: (a) shall be exempt from attachment, execution, or garnishment; and (b) may be claimed by the MIP or Medicaid plan subject to limitations imposed by the Director or Secretary, as applicable.

(a) Nothing in this Chapter shall create or be construed to create any obligation of the Director, the government of Guam, or any agency or instrumentality of the government of Guam to guarantee for the benefit of any account owner or designated beneficiary with respect to the: (…

for the Implementation of the Guam ABLE Savings Program. Notwithstanding any other provision of law, rule, or regulation to the contrary, I Maga‘hågan Guåhan is hereby authorized to identify and transfer up to Two Hundred Fifty Thousand Dollars ($250,000) from the General Fund to…

Implementation of the Guam ABLE Savings Program.

This Division 3 shall be known as the “Business License Law.” SOURCE: GC § 16000.

The purpose of this Division is to provide for the licensing of businesses in Guam in order that all necessary and reasonable control and regulation thereof may be practiced by the Government of Guam for the protection of the health, safety and morals of the people of Guam. SOURC…

For the purposes of this Division, except as otherwise specifically provided, the following words and phrases, together with all the common derivatives thereof, (i.e., verbs, plurals, gerunds, etc.) shall have the meaning prescribed in this section: (a) “Applicant” shall mean and…

Administration of this Division shall be vested in the Department of Revenue and Taxation and the License Division thereof; provided, however, that the License Division shall at no time exercise judicial discretion, but shall perform only the functions provided herein. SOURCE: GC…

It shall be the duty of the License Division to perform the following functions as well as all other functions necessary for the proper administration of this Division. (a) On the showing of compliance with all required prerequisites, including the payment of the fee, of any appl…

Qualifications required for securing licenses and endorsements applicable thereto shall be promulgated as rules and regulations by the License Board, with the advice of the department of the government of Guam designated in this Division to have cognizance thereof. SOURCE: GC § 1…

The License Board shall draft and approve such rules and regulations as are required by this Division and shall, after such approval, hold a public hearing at such time and place as the License Board shall direct before official promulgation of the rules and regulations. The Lice…

The rules and regulations as promulgated by the License Board as provided herein, or the amendment or repeal of such rules and regulations shall not be retroactive with regard to any license existing and valid at the time of their promulgation. SOURCE: GC § 16007.

Examination of the qualifications of any applicant shall be the duty and responsibility of the director of the department designated in this Division to have cognizance thereof. SOURCE: GC § 16008.

Prerequisites to and qualification for the obtaining of any license hereunder shall be mandatory, whether provided by law, rule or regulation and may be changed, from time to time by the Licensing Board as it deems necessary and proper; provided, however, that in no case shall a …

It shall be the duty and responsibility of the department of the government of Guam to which this Division gives cognizance, to make periodic inspections or examinations of licensees to see that they conform at all times to the required qualifications and prerequisites. SOURCE: G…

There is hereby created within the Government of Guam a License Board, to be composed of three members ex officio who shall be the Director of Revenue and Taxation, the Director of Commerce, and a law member appointed from the Department of Law by I Maga’håga/Maga’låhi. The membe…

It shall be the duty of the License Board upon written request of an applicant to review any denial of an application for a license, and the Board may deny or approve the license within the terms of the law and applicable rules and regulations. The decisions of the License Board …

The License Board shall review any order to suspend or revoke a license upon application of the licensee. The Board may approve or reverse the order within the terms of the law and applicable rules and regulations governing said license. The decisions of the Board are appealable …

(a) All licenses and endorsements applicable thereto shall be issued on an annual basis and, regardless of when issued, shall expire one (1) year after the date for which issued or renewed. (b) All licenses and endorsements applicable thereto which are already in existence prior …

(a) All original license fees shall be charged on an annual basis, commencing on the date of issuance or renewal and ending on the day before the month and day of issuance in the following year. (b) The existing fee structure for business licenses shall remain intact and in effec…

(a) A licensee may renew his license at the expiration thereof by the payment of the annual license fee and by filing with the renewal application an affidavit oath and subject to the penalties of perjury that he has continued to comply with all of the prerequisites and qualifica…

(a) Every license issued under this Division shall be deemed to be personal and shall be issued to the person or persons making application therefor, and may not in any circumstances be transferred to any other person except upon the forfeiture of a tenancy or upon a foreclosure …

Any person who is required by the terms of this Division to obtain a license or licenses, and endorsements applicable thereto, and who refuses or fails to obtain such license or licenses, and endorsements, shall be guilty of a misdemeanor. SOURCE: GC § 16017. Amended by P.L. 13-1…

(a) Any person holding a license under the provisions of this Division who refuses or fails to comply with any provision of applicable regulatory statutes, rules or regulations shall be subject to the penalty of having his license either suspended for a period of time or revoked …

Where one (1) person operates or conducts businesses in two (2) or more locations in Guam, the person shall be required to obtain a license for each such location. SOURCE: GC § 16019.

If any question of the classification of any business, conduct or activity arises pertaining to the type or class of license required under this Division, such classification shall be made by the License Board upon review of all the facts presented to it, and such classification …

Any person who operates any business which consists of a combination of two (2) or more of the classes provided in this Division shall be required to take out a separate license for each such classification. SOURCE: GC § 16021.

The license required by the provisions of this Division, and all other provisions applicable thereto, shall not be retroactive, and any person who, upon the date of approval of this law, is operating any business or trade under a valid Government of Guam license may continue to d…

If any provision, Chapter, Subchapter, section, subsection, paragraph, sentence, word or other portion of this Division is for any reason found to be invalid or inoperative, or shall be held by any court to be unconstitutional, the remainder of this Division shall nevertheless co…

The provision of this Division, and the license requirements thereunder, shall not apply to the following activities: COL 2025-12-23 (a) Any business or trade engaged in or conducted by the Government of Guam, or the Government of the United States, or for the sole and direct ben…

(a) Any person holding a license under the provisions of this Division is required to certify to the Director of Revenue and Taxation the intended departure of any alien working for such person at least fourteen (14) days prior to such departure date. (b) The License Board shall …

Applicants for business licenses shall be required to attest to under oath, to the following: (a) “I shall not fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileg…

The License Board shall have the power to suspend or revoke any license when, after formal hearing, it determines that a licensee has intentionally or knowingly practiced employment discrimination. SOURCE: GC § 16026.1, as added by P.L. 14-072:4 (Oct. 31, 1977). COL 2025-12-23