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Terms Used In 11 Guam Code Ann. § 15103

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
mmencing October 1, 1987, the Department of Revenue and Taxation is mandated to collect at least eighty percent (80%) of all current taxes due, and seventy percent (70%) of all past due receivables. Also, commencing October 1, 1987, in all cases of unpaid business privilege taxes, demand for payment shall be made in writing within thirty (30) days of filing unpaid business privilege tax returns, unpaid income tax returns or unpaid withholding tax returns, and levies or assessments (as appropriate) and liens shall be filed on such unpaid amounts not later than sixty (60) days of filing unpaid business privilege tax returns or unpaid income tax returns. Notice and demand that the taxpayer file business privilege tax return shall be mailed or delivered within thirty (30) days of the due date of any unfiled business privilege tax returns. Assessments on unpaid income tax returns or unpaid with- holding tax returns shall be filed within thirty (30) days of the due date of unpaid withholding tax returns or unpaid income tax returns, unless the Director of Revenue and Taxation has approved payment arrangements.
Any business which does not file business privilege tax returns for three (3) successive months shall be closed after a prompt hearing pursuant to the Administrative Adjudication Law by the Director of Revenue and Taxation unless all tax returns are filed and satisfactory payment arrangements are made. All assets of the business shall be seized after such hearing until all required tax returns are filed. Not-

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11 Guam Code Ann. FINANCE & TAXATION
CH. 15 GENERAL PROVISIONS

withstanding any other provision of law, no such hearing shall be public unless requested by the taxpayer, provided that any appeal through the courts shall be public.

No real property or property other than money may be accepted by the Department of Revenue and Taxation as final settlement for any outstanding tax liability without prior specific statutory authority. As a condition of any such transfer, the taxpayer shall waive confidentiality. Nothing herein shall affect the power of the Department of Revenue and Taxation to levy, seize and sell property or properties at public auction.

SOURCE: Added by P.L. 19-10:17; amended by P.L. 19-13:9. Amended by P.L.
29-002:VI:28 (May 18, 2007), effective July 17, 2007, the name, Gross Receipts
Tax, changed to Business Privilege Tax.

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