(a) Upon audit caused by the Director of Administration, the amounts of all government of Guam checks or drafts which shall have been unclaimed or outstanding for more than one year from the respective dates thereof, shall be accounted for separately and a record made of each such check or draft.

(b) All such unclaimed checks or drafts shall be cancelled as of the date of the audit. Upon demand by the lawful claimant thereof within three years after such cancellation, the Director of Administration shall issue a new check or draft in lieu thereof.

(c) Upon presentation of any such outstanding check or draft within three years of the date of audit thereof to the Director of Administration

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by the lawful holder thereof, the Director shall cancel the check or draft so presented and issue a new check or draft in lieu thereof.

(d) The amounts of all checks or drafts which shall have been unclaimed or outstanding for more than three years from the date of audit shall be paid into the Treasury as revenue of the General Fund.

(e) Publishing Unclaimed Tax Refund Checks. Within ninety (90) days of the enactment of this Subsection, the Department shall create and enact a policy establishing guidelines for the reporting and publishing of unclaimed tax refund checks. The publishing of unclaimed tax refund checks shall be made in a publication of general circulation and shall be posted on the official Department website within six (6) months after each annual tax filing deadline. Such unclaimed tax refund check postings on the official Department website shall be updated not less than semi-annually.

Information to be included in each publication and posting shall contain:

(1) taxpayer name; (2) address; and
(3) date to claim check.

(f) Notwithstanding any other provision of law or this Section, any and all unclaimed or outstanding government of Guam checks or drafts specific to the payment of income tax refunds may be demanded by the lawful claimant thereof within ten (10) years after cancellation, and the funds from such unclaimed or outstanding checks or drafts which shall have been unclaimed or outstanding for more than ten (10) years from the date of the audit, shall be deposited into the Income Tax Refund Efficient Payment Trust Fund (Trust Fund), established pursuant to Chapter 51 of Title 11, Guam Code Ann., and shall be administered pursuant to § 51102, Chapter 51, Title 11 Guam Code Ann.. Such deposits to the Trust Fund herein shall be considered separate and apart from any required deposits in
Chapters 50 and 51, Title 11 Guam Code Ann.; and shall not be credited toward any
required deposits in Chapters 50 and 51 of Title 11 Guam Code Ann..

SOURCE: GC § 6315. Subsections (e) and (f) added by P.L. 32-234:3 (Jan. 2,
2015).

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