Title 12 — Autonomous Agencies

For the purposes of this Section, the term “income tax paid” shall mean income taxes paid on income received on or after the effective date of the applicable Qualifying Certificate. The Director of Revenue and Taxation of the government of Guam shall have authority to determine a…

(a) One Hundred Percent Rebate on Certain Insurance Income. A rebate of one hundred percent (100%) of all income tax paid to the government of Guam by a Beneficiary on all income received from insurance underwriting either inside or outside of Guam, including all income derived f…

A rebate of one hundred percent (100%) of all income tax paid to the government of Guam by a Beneficiary on income received from the construction of affordable housing in Guam may be issued for a period not to exceed twenty (20) consecutive years from the effective date of a Qual…

(a) One Hundred Percent Rebate on Certain Trust Income. A rebate of one hundred percent (100%) of all income tax paid to the government of Guam by a Guam-based trust on all its earnings from either inside or outside of Guam, including all income derived from investing funds on Gu…

(a) A rebate of up to one hundred percent (100%) of all income tax paid to the government of Guam by a Beneficiary on income received from the construction of affordable housing in Guam may be issued for a period not to exceed twenty (20) consecutive years from the effective date…

(a) Title. This Section shall be known and may be cited as the “Guam Medicaid Access Enhancement Act.” (b) Definitions. For purposes of this Section: (1) “Healthcare provider” means any individual, partnership, corporation, association, or other entity that is licensed, certified…

It is the intent of I Liheslatura that the abatement or rebate of taxes to Beneficiaries pursuant to §§ 58127, § 58128, § 58129, § 58130 and § 58131 of this Chapter shall be abatements or rebates on the taxes owed on the eligible activities identified in the Qualifying Certificat…

A rebate of up to seventy-five percent (75%) of the income tax paid by the shareholders of a corporation on the dividends of that corporation may be granted for a period not to exceed five (5) consecutive years; provided, however, that the corporation paying the dividends is the …

Limited Liability Partnership and Limited Liability Company. (a) A rebate of up to seventy-five percent (75%) of all income tax paid by the shareholders of a corporation which has elected to be taxed as a “Subchapter S” corporation, as defined at §1361, Title 26, United States Co…

In the event that a Beneficiary proposes to substantially expand or add to its activities and desires to obtain a modification of its original Qualifying Certificate to include its proposed additional activities, then upon findings and recommendations of the Authority, I Maga’håg…

In lieu of the percentage of tax abatements and rebates authorized in this Chapter, the Authority may recommend and I Maga’håga/Maga’låhi may grant fifty percent (50%) of said abatements and rebates for a period of double the term authorized by this Chapter. 2025 NOTE: Reference …

When the Authority forwards its recommendations to I Maga’håga/Maga’låhi on the issuance of a Qualifying Certificate, it shall transmit a copy of such recommendations to the Tax Commissioner of Guam for his information. The Tax Commissioner shall forthwith acknowledge in writing …

The Authority shall monitor the activities of the Beneficiary and its compliance with all of the terms and conditions of the Qualifying Certificate, this Chapter and the regulations of the Authority and it shall, if justified, issue annually its certificate of compliance by the B…

When the return for the abated tax is accompanied by a corresponding certificate of compliance for the previous year or part thereof then the actual payment of the tax in question to the government of Guam shall not be required, and upon review of the tax return, the Tax Commissi…

In the case of an income tax rebate, where the taxpayer’s tax return is accompanied by a certificate of compliance, the amount of a tax due prior to rebate shall be deposited with the government of Guam at the time of filing the income tax return. The Tax Commissioner of Guam sha…

Deposits for income tax made with the government of Guam pursuant to this Chapter shall be covered and deposited into a separate, special account in the Treasury of Guam, to be designated the Income Tax Rebate Fund. 2022 NOTE: Reference to “territory” omitted pursuant to 1 GCA § …

In the case of any Beneficiary that, in accordance with the applicable laws of Guam, shall have applied for and been granted a redetermination of tax liability or taxes payable or in the case of a redetermination of tax liability made by the Department of Revenue and Taxation, th…

The Tax Commissioner of Guam is hereby authorized to issue such rules and regulations as he may deem necessary to implement the procedures outlined in this Chapter.

All abatements and rebates herein established and authorized shall apply only to the taxes due the government of Guam.

Each Qualifying Certificate, except for a Qualifying Certificate issued to an insurer pursuant to the provisions of §§ 58127 and 58128 of this Article, shall require a Beneficiary to invest within Guam no less than fifty percent (50%) of any taxes rebated or abated under §§ 58127…

On the effective date of this Chapter, and until modified pursuant to § 58145 of this Chapter, the following fees shall be assessed against each applicant or Beneficiary of a Qualifying Certificate: ANNUAL FILING SURVEILLANCE FEES FEES Agriculture, aquaculture, and mariculture: $…

In addition to the filing and surveillance fees, the Authority may also assess against an applicant or Beneficiary any extraordinary costs and expenses incurred to process the application or monitor the Beneficiary’s performance of the terms and conditions of the Qualifying Certi…

The Authority is authorized to adjust the fees listed in § 58143 of this Chapter on an annual basis, at the beginning of each calendar year, upon demonstration to the Authority by the Administrator that the cost of performing the services covered by the fees is greater than the a…

In accordance with the Administrative Adjudication Law the Authority shall adopt rules and regulations consistent with this Chapter which provide for, but are not limited to the following: Eligibility, minimum investment levels for different industries, the applications process, …

Regulations, Criteria and Measurable Goals. No later than sixty (60) days from the date of enactment of this Act, the Guam Economic Development Authority shall submit to I Liheslaturan Guåhan proposed industry specific policy, criteria and measurable goals; and which shall not in…

(a) In order to promote a circular economy in Guam, as well as to encourage the reduction of waste and the expansion of recycling, remanufacturing and refurbishment of recyclable materials in Guam, the Board of Directors of the Guam Economic Development Authority is authorized to…

There shall be allowed to each beneficiary issued a Qualifying Certificate, pursuant to § 58147 of this Article, a tax rebate, abatement, and exemption for the following taxes: (a) One hundred percent (100%) Corporate Income Tax rebate for a period not to exceed ten (10) years; (…

A waiver of docking and stevedoring fees may be granted in accordance with the uniform schedule setting forth criteria for fee waiver adopted by the Port Authority of Guam to shipping companies in the transshipment of recyclable materials for a consecutive period not to exceed te…

For the purposes of this Act, except as otherwise specifically provided, the following words and phrases, together with all of the common derivatives thereof, shall have the meaning ascribed to them as follows: (a) “GEPA” shall mean the Guam Environmental Protection Agency. (b) “…

(a) I Liheslaturan Guåhan recognizes that the Qualifying Certificate program of the Guam Economic Development Authority (Authority) was conceived as an economic incentive tool to entice investors into Guam. In use for over four (4) decades, it has had a substantial positive impac…

For purposes of this Article 2, the following definitions will apply: (a) “Authority”: The Guam Economic Development Authority (GEDA) (b) “Hotel”: For purposes of this Article and unless the context otherwise requires, hotel means a building facility that contains guest rooms hel…

The Special Hotel Qualifying Certificate (QC) is a contract valid for a given period, executed by I Maga’hågan/Maga’låhen Guåhan upon the recommendation of the Authority. The QC, once issued and unless suspended, rescinded, or revoked, shall constitute conclusive evidence of enti…

Application and Modification Annual Compliance Filing Fee Monitoring Fee Hotels: $5,000.00 Under Construction: $3,000.00 In Operation: $50/per room As to the annual compliance monitoring fees, the fee shall be assessed annually until such time as the QC beneficiary has exhausted …

As a condition of this Special Hotel QC, the QC beneficiary shall make a community contribution to the Authority in an amount equal to 0.5% of the total hotel construction cost. The terms of the community contributions shall be subject to negotiations between the Authority and th…

This Article shall take effect on its approval by I Maga’hågan/Maga’låhen Guåhan and shall remain in effect until the earlier of: (a) December 31, 2031; or (b) 1,600 hotel rooms have been committed to be built; upon which period this Article shall automatically be deemed repealed…

If any provision of this Law or its application to any person or circumstance is found to be invalid or contrary to Law, such invalidity shall not affect or provisions or applications of this Law which can be given effect without the invalid provisions or application and to this …

Act. (a) I Liheslaturan Guåhan finds that there is a need to create a Special Qualifying Certificate Program, to be known as the “Åkton GUMA (Group Use Manåmko Accommodations) Incentive Act,” stimulating economic activity through the construction of new elderly housing developmen…

The developer or operator shall reach out to Government of Guam agencies, federal agencies, and non- profit organizations to identify available funding and services that serve the elderly minorities and the elderly with disabilities, and provide an elderly continuum of care to el…

(a) An establishment seeking tax credits under this Article shall obtain and maintain the necessary licenses, permits and certificates, comply with zoning laws, federal laws, and obtain other governmental approvals required in the process of implementing the project. (b) A projec…

For purposes of this Article, the following definitions shall apply: (a) “Affordable” where used in this Article shall be up to one hundred fifteen percent (115%) and less of the median income average threshold where rental dwellings are deemed affordable if the annual rent does …

Notwithstanding any other provision of law, rule, or regulation to the contrary, the Special Qualifying Certificate (QC) of the Åkton GUMA (Group Use Manåmko Accommodations) Incentive Act is a contract valid for a given period that is executed by I Maga’hågan/Maga’låhen Guåhan up…

The Authority shall establish the fees for the Special Qualifying Certificate pursuant to this Article. As to the annual compliance monitoring fees, the fee shall be assessed annually until such time as the QC beneficiary has exhausted the total dollar amount of its QC benefit. C…

If the purpose of the construction of a new elderly housing project or residential living facility, or the substantial renovation of an existing elderly residential living facility is for the developer to either resale, rent, or lease, as part of the application process for the Q…

Insofar as the provisions of the Åkton GUMA (Group Use Manåmko Accommodations) Incentive Act are inconsistent with the provisions of any other laws or regulations, in whole or in part, the provisions of this Act shall be controlling; and in particular but not by way of limitation…

(a) This Article shall take effect upon its approval by I Maga’hågan/Maga’låhen Guåhan and shall remain in effect for ten (10) years. (b) The GEDA Board, at its discretion, with input from I Liheslatura, the Guam Housing and Urban Renewal Authority, the Department of Public Healt…

The Legislature finds that it is in the best interest of the territory of Guam to offer inducements to attract United States companies which are engaged in export trade to establish Foreign Sales Corporations in Guam and that special tax incentives are necessary for this purpose.…

For the purposes of this Chapter: (a) The term FSC means a Guam domestic corporation which is: (1) A FSC as defined in §922(a) of the Internal Revenue Code as the same may be amended from time to time, and (2) the holder of a valid Guam FSC license duly issued pursuant to 11 GCA …

(a) For the purpose of the taxes imposed upon income pursuant of the Guam Territorial Income Tax (as established and defined in 48 U.S.C. §1424(i) gross income of a FSC does not include any foreign trade income of such FSC. (b) For the purpose of the taxes imposed upon income pur…

(a) To the extent any foreign trade income, carrying charges, investment income, or gross income derived from sources without Guam as determined under Subsection (c) of § 6102 of Title 12, Guam Code Annotated, at anytime now hereafter becomes includable without the gross income o…

It shall be a condition of the tax exemptions provided for in § 60102 of this Chapter and of the Special Qualifying Certificate provided for in § 60103 of this Chapter that a FSC shall at all times maintain a valid Guam FSC license in good standing pursuant to the provisions of 1…