All taxpayers against whom a tax is levied by the provisions of this Chapter shall file returns in the manner, and at the time herein provided, and shall make payments of the tax in accordance therewith. Such returns shall be made to the Tax Commissioner.

(a) Monthly Returns for Alcoholic Beverage Tax, Liquid Fuel Tax, Automotive Surcharges and Tobacco Tax.
(1) Each taxpayer against whom a tax is levied by the provisions of Articles 3, 4, 5, and 6 of this Chapter shall make and file monthly returns of taxes with the Tax Commissioner on or before the twentieth (20th) day following the close of the calendar month in which the taxes shall accrue, and in the form and in accordance with the rules and regulations by the Tax Commissioner.

(2) Except as may be specifically hereinafter provided, payment covering the full amount of tax liability as evidenced by the monthly return shall accompany such monthly return.

(b) Monthly Returns for Business Privilege Tax. Each taxpayer against whom a tax is levied under the provisions of Article 2 of this Chapter, whether such taxpayer owes taxes or not, shall make and file monthly returns of taxes with the Tax Commissioner. Business Privilege Taxpayers shall file monthly Business Privilege Tax returns summarizing the tax due. The monthly return shall be filed, and any tax then due shall be paid no later than the twentieth (20th) day of the following month at authorized banks, financial institutions or at designated offices of the government of Guam.

(c) Annual information return. Any person engaged in any business, or activity of a business nature, which has been declared tax exempt by the Tax Commissioner, as provided in this chapter, shall be required to file annually, not later than ninety (90) days following the close of such person’s tax year, an information return setting forth therein the nature of such business, the tax exemption given by the Tax Commissioner, the gross income of such business and any other information required in the rules and regulations promulgated by the Tax Commissioner.

(d) Erroneous Returns. If any return is erroneous in any respect, the Tax Commissioner shall assess the proper amount and so notify the taxpayer in writing. If such corrected assessment is less than the tax remitted by the taxpayer, the tax Commissioner shall direct the Treasurer of Guam to make such refund. If the corrected assessment is more than that computed by the taxpayer in his return, thetaxpayer shall have thirty (30) days from receipt of the Tax Commissioner’s notice, or until the expiration of the time granted by the law levying such tax, whichever is greater, in which to pay such additional assessment before it becomes delinquent.

(e) Tax Year. The tax year shall be the calendar year, except that a taxpayer may use an annual accounting period when written permission is obtained from the Tax Commissioner.

(f) Consolidated Returns of Interrelated Businesses of Like Character. When any taxpayer required to file a return under this Section is engaged in two (2) or more businesses, or business activities, which are interrelated and of like character, such taxpayer may file a consolidated return covering all business activities which are thus interrelated and of like character.

(g) Returns of Interrelated Businesses of Different Character. When any taxpayer required to file a return under this Section is engaged in two (2) or more businesses, or business activities, which may or may not be interrelated but are of such different character that a different tax is levied against each, such taxpayer must file separate returns covering each such business activity.

SOURCE: § 19513 GC. Subsection (g) added by P.L. 17-056:2 and repealed and by P.L. 18-007:9. Repealed and reenacted by P.L. 24-012:3. Subsection (b) amended by P.L. 27-076:4. Amended by P.L. 29-002:VI:28 (May 18, 2007), so that reference to Gross Receipts Tax was amended to Business Privilege Tax. Subsection (a) amended by P.L. 34-087:2 (Mar.
16, 2018) and P.L. 34-113:7 (July 17, 2018).

2018 NOTE: Subitem designations added pursuant to authority of 1 Guam Code Ann.
§ 1606.