11 Guam Code Ann. § 28101
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Terms Used In 11 Guam Code Ann. § 28101
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
enever used in this Chapter, unless otherwise required by the context:
(a) Cargo means any load of commodities carried by ship or aircraft that has a bill of lading or master airway bill.
(b) Luggage means any suitcase, trunk or container used to carry personal items while traveling.
(c) Import (or any nounal, verbal, adverbial, adjective or other equivalent of the term) includes importation into Guam from any other part of the United States or its possessions or from any foreign country, whether in interstate or foreign commerce, or both.
(d) Person includes any individual, firm, copartnership, joint venture, association, corporation, trust or any group or combination action as a unit, and the plural as well as the singular number as may be appropriate.
(e) Property means tangible personal property, but does not include newspapers or other periodical publications
purchased on the subscription plan, issued at stated intervals as frequently as four (4) times a year.
(f) Purchaser means any person purchasing property, but does not include the government of Guam, or the United States, its wholly owned agencies or instrumentalities, or any person immune from the tax imposed by this Chapter under the Constitution and laws of the United States.
(g) Representation refers to any or all of the following: (a) a seller’s being present in Guam, and
(b) a seller’s having in Guam a salesman, com- mission agent, manufacturer’s representative, broker or other person who is authorized or employed by such seller to assist such seller in selling property for use or consumption in Guam, by procuring orders for such sales, making collections or deliveries or otherwise, and
(c) a seller’s having in Guam a person upon whom process directed to such seller from the courts of Guam may be served.
(h) Seller, as used in §§ 28107 and 28110, means any person engaged in the business of selling tangible personal property, wheresoever engaged, and any person authorized by a seller to collect the price, but does not include the United States or any of its departments or wholly owned agencies, the government of Guam, or any person who, under the Constitution and laws of the United States, is immune from the duty, imposed by § 28110, of collecting the tax.
(i) Taxpayer means any person liable for any tax hereunder, and where the taxable use of the property is not to be or is not made by the owner thereof, then both the person making such use and such owner shall be deemed the taxpayers taxable under this Chapter, and both shall be jointly and severally liable for such tax.
(j) Value, means fair and reasonable cash value at the time of accrual of the tax.
(k) Commissioner means the Commissioner of Revenue and Taxation, Department of Revenue and Taxation,
Government of Guam.
(l) Transient Visitor means a person who is on Guam for not more than three (3) months consecutively or six (6) months within one (1) calendar year, and does not include those persons who have voted or for other purposes maintained official residency outside of Guam but are in Guam for six (6) months or longer under employment contracts whereby they are employed within the territory of Guam.
(m) Contractor means a person who contracts to erect, construct, repair, or improve buildings, highways, and other structures and includes those engaged in the practice of architecture, professional engineering, land surveying, landscape architecture, and pest control or fumigation. A contractor is any person or business making repairs, alterations or additions to real property. For purposes of discussion, the term contractor means construction contractor.
(a) Cargo means any load of commodities carried by ship or aircraft that has a bill of lading or master airway bill.
(b) Luggage means any suitcase, trunk or container used to carry personal items while traveling.
(c) Import (or any nounal, verbal, adverbial, adjective or other equivalent of the term) includes importation into Guam from any other part of the United States or its possessions or from any foreign country, whether in interstate or foreign commerce, or both.
(d) Person includes any individual, firm, copartnership, joint venture, association, corporation, trust or any group or combination action as a unit, and the plural as well as the singular number as may be appropriate.
(e) Property means tangible personal property, but does not include newspapers or other periodical publications
purchased on the subscription plan, issued at stated intervals as frequently as four (4) times a year.
(f) Purchaser means any person purchasing property, but does not include the government of Guam, or the United States, its wholly owned agencies or instrumentalities, or any person immune from the tax imposed by this Chapter under the Constitution and laws of the United States.
(g) Representation refers to any or all of the following: (a) a seller’s being present in Guam, and
(b) a seller’s having in Guam a salesman, com- mission agent, manufacturer’s representative, broker or other person who is authorized or employed by such seller to assist such seller in selling property for use or consumption in Guam, by procuring orders for such sales, making collections or deliveries or otherwise, and
(c) a seller’s having in Guam a person upon whom process directed to such seller from the courts of Guam may be served.
(h) Seller, as used in §§ 28107 and 28110, means any person engaged in the business of selling tangible personal property, wheresoever engaged, and any person authorized by a seller to collect the price, but does not include the United States or any of its departments or wholly owned agencies, the government of Guam, or any person who, under the Constitution and laws of the United States, is immune from the duty, imposed by § 28110, of collecting the tax.
(i) Taxpayer means any person liable for any tax hereunder, and where the taxable use of the property is not to be or is not made by the owner thereof, then both the person making such use and such owner shall be deemed the taxpayers taxable under this Chapter, and both shall be jointly and severally liable for such tax.
(j) Value, means fair and reasonable cash value at the time of accrual of the tax.
(k) Commissioner means the Commissioner of Revenue and Taxation, Department of Revenue and Taxation,
Government of Guam.
(l) Transient Visitor means a person who is on Guam for not more than three (3) months consecutively or six (6) months within one (1) calendar year, and does not include those persons who have voted or for other purposes maintained official residency outside of Guam but are in Guam for six (6) months or longer under employment contracts whereby they are employed within the territory of Guam.
(m) Contractor means a person who contracts to erect, construct, repair, or improve buildings, highways, and other structures and includes those engaged in the practice of architecture, professional engineering, land surveying, landscape architecture, and pest control or fumigation. A contractor is any person or business making repairs, alterations or additions to real property. For purposes of discussion, the term contractor means construction contractor.
(n) Construction Equipment means light and heavy, off- road and on-road, gas, diesel, electric or other powered equipment or tools.
(o) Landed value means the greater amount between the insured value or fair market value the item has at the time it arrives on Guam, based on industry standards used to assess items.
SOURCE: GC § 19600. Amended by P.L. 25-41:1,2. Subsections
(m),(n) and (o) added by P.L. 31-077:XII:37(b) (Sept. 20, 2011).