Terms Used In 12 Guam Code Ann. § 58305

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Contract: A legal written agreement that becomes binding when signed.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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 Guåhan (the Governor of Guam) upon the recommendation of the Authority. This QC shall be limited to the construction of new elderly residential living housing accommodations and/or the substantial renovation of existing multiple-family dwellings where its use shall be for elderly residential living housing accommodations, as defined in this Article. The QC, once issued and unless suspended, rescinded, or revoked, shall constitute conclusive evidence of entitlement to the tax rebates, abatements, or exemptions set forth on its face.

(a) New Construction and Substantial Renovation/Improvement for Elderly Residential Living Accommodations Tax Rebate and Abatement. There shall be allowed to each developer for elderly residential living projects that exceed the affordable income threshold as shall be determined by the Authority, a tax rebate, exemption, and abatement in an amount equal to twenty-five percent (25%) of their total construction cost.

(b) New Construction and Substantial Renovation/Improvement for Affordable Elderly Residential Living Accommodations Tax Rebate and Abatement. There shall be allowed to each developer for the

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new construction or substantial renovation/improvement of affordable elderly residential living projects a tax rebate, exemption, and abatement in an amount equal to thirty percent (30%) of their total construction cost.

A tax rebate, exemption, and abatement as provided in Subsections (a) or (b), supra, can be applied by the developer at their discretion to the following taxes:

(1) up to one hundred percent (100%) Business Privilege Tax (BPT) abatement for twenty (20) years as long as the tax credits are available at the point they are taken. This BPT abatement shall not apply to the levy of three percentage points (3%), out of the total percentage points levied from time to time, of the BPT, the revenues from which are pledged to the Government of Guam Business Privilege Tax Bonds;

(2) up to seventy-five percent (75%) Income Tax
Rebate for twenty (20) years;

(3) up to one hundred percent (100%) Real Property Tax Abatement for twenty (20) years; provided, that the fee simple owner taxpayer is the Qualifying Certificate beneficiary and that the real property is identified in their Qualifying Certificate; and

(4) up to one hundred percent (100%) of Use Tax Exemption with respect to the property used to construct, furnish, and equip the new multiple-family dwelling. The exemption shall be claimed no later than one (1) year from the issuance of the facility’s occupancy permit.

(c) Application Period. Eligible developers with new residential living developments applying for this special QC pursuant to Subsections (a) and (b), supra, shall file their application prior to issuance of the construction project building permit. Eligible developers with substantial renovation/improvement residential living projects applying for this special QC pursuant to Subsections (a) and (b), supra, shall be able to apply at any time, granted that for the purposes of calculating their tax benefit amount as provided

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in Subsections (a) and (b), supra, any construction costs invoiced prior to the official application submission date shall be deemed ineligible.

(d) Benefit Negotiations. The Authority has the sole authority to negotiate the terms of the QC. Negotiations shall be completed prior to the issuance of the housing project or multiple-family dwelling’s building permit, if applicable.

(e) Any new construction or substantial renovation project as provided in this Article where the federal government offers tax credits, rebates, abatements, or exemptions shall remain eligible for this Special Qualifying Certificate.

(f) This Article shall be in compliance with the Arts in
Public Buildings and Facilities pursuant to 1 Guam Code Ann. § 852.

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