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2019 Guam Statutes
Title 11 - Finance & Taxation
Division 2 - Taxes
Chapter 20 - Documents Tax

Universal Citation: 11 Guam Code §§ 20101 - 20105 (2019)
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11 GCA FINANCE & TAXATION CH. 20 DOCUMENTS TAX CHAPTER 20 DOCUMENTS TAX § 20101. § 20102. § 20103. § 20104. § 20105. Realty Conveyance: Amount. Fraud. Leases, etc.: Amount. Security Transactions: Amount. Payment of Tax Before Registration. § 20101. Realty Conveyance: Amount. A tax is established on all conveyances, deeds, instruments, or writings whereby any lands, tenements, or other realty shall be sold, granted, transferred, or otherwise conveyed to the purchaser or purchasers, or to any other person or persons designated by such purchaser or purchasers, as follows: Two Dollars and Fifty Cents ($2.50) for each One Thousand Dollars ($1,000.00) or fraction thereof on the true consideration or value received for such realty. Provided, that in sales of encumbered property, the tax shall be collected on the net amount of the consideration after deducting the amount of the encumbrance. SOURCE: §19100 GC. Amended by P.L. 29-002:V:III:2 (May 18, 2007); P.L. 29019:VI:35 (Sept. 29, 2007). § 20102. Fraud. When there is good reason to believe that a fraud has been perpetrated or attempted through the declaration of fictitious consideration in any such conveyance, deed, instrument, or writing, the Registrar of Titles shall, from the real estate rolls, or from other reliable sources, assess the said lands, tenements, or other realty at their true market value, and the tax on such conveyance, deed, or instrument shall be assessed and collected on such true market value of the realty conveyed; and any person who, with the intent to defraud, places a fictitious valuation on any realty conveyed and subject to the tax imposed in this Chapter, or any valuation which shall be less than the actual amount of money or other valuable thing received or delivered in payment for such realty, shall, in addition to the payment of the tax assessed on the actual consideration received or true market value of the realty conveyed, forfeit and pay a sum equal to twice the amount of such tax. The Attorney General, shall bring suit for all such penalties in the 1 COL101408 11 GCA FINANCE & TAXATION CH. 20 DOCUMENTS TAX court having jurisdiction of the amount thereof. SOURCE: §19101 GC. NOTE: Island Attorney changed to Attorney General to conform with current law. See 5 GCA Chapter 30. § 20103. Leases, etc.: Amount. The following tax shall be paid on each lease, agreement, memorandum, or contract for the hire, use, or rent of any land or tenements, or portion thereof: (a) If for a period of one (1) year or less, One Dollar ($1.00). (b) If for a period of more than one (1) year, and not more than three (3) years, Two Dollars ($2.00). (c) If for a period of more than three (3) years, Three Dollars ($3.00). SOURCE: §19102 GC. Amended by P.L. 29-002:V:III:3 (May 18, 2007). § 20104. Security Transactions: Amount. On every mortgage or pledge of lands, estate or property, real or personal, whatsoever, where the same shall be made as security for the repayment of any definite and certain sum of money loaned at the time or previously due and owing or forborne to be paid, being payable; and on any conveyance of a land, estate or property, whatsoever, to be sold or otherwise converted into money, which shall be and is intended only as security, either by express stipulation or otherwise, shall be paid a tax of Two Dollars and Fifty Cents ($2.50) on each One Thousand Dollars ($1,000.00) or fractional part thereof; provided, that upon each and every assignment or transfer of any mortgage, lease or renewal or continuance of any agreement or contract by altering or otherwise, a tax shall be collected and paid at the same rate as that imposed on the original document except that any such assignment or transfer of any mortgage, lease, or renewal or continuance of any agreement or contract by altering, made within sixty (60) days of the mortgage to which the full fees were assessed, shall be assessed at a rate of Twenty Dollars ($20.00). SOURCE: §19103 GC. Amended by P.L. 29-002:V:III:4 (May 18, 2007). Amended by P.L. 29-065:1 (Apr. 4, 2008). Repealed and reenacted by P.L. 29083:1 (May 30, 2008). 2 COL101408 11 GCA FINANCE & TAXATION CH. 20 DOCUMENTS TAX § 20105. Payment of Tax Before Registration. No instrument, paper, or document of those referred to in this Chapter, nor any copy thereof, shall be recorded until the payment of said taxes has been noted on said instrument, paper, or document, or proof has been made to the Civil Registrar that such taxes have been paid. SOURCE: §19104 GC. ----------- 3 COL101408
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