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Title 48 — Territories and Insular Possessions

Chapter 8A — Guam

§ 1421h. Duties, taxes, and fees; proceeds collected to constitute fund for benefit of Guam; prerequisites, amount, etc., remitted prior to commencement of next fiscal year

Statutory text

All customs duties and Federal income taxes derived from Guam, the proceeds of all taxes collected under the internal-revenue laws of the United States on articles produced in Guam and transported to the United States, its Territories, or possessions, or consumed in Guam, and the proceeds of any other taxes which may be levied by the Congress on the inhabitants of Guam (including, but not limited to, compensation paid to members of the Armed Forces and pensions paid to retired civilians and military employees of the United States, or their survivors, who are residents of, or who are domiciled in, Guam), and all quarantine, passport, immigration, and naturalization fees collected in Guam shall be covered into the treasury of Guam and held in account for the government of Guam, and shall be expended for the benefit and government of Guam in accordance with the annual budgets; except that nothing in this chapter shall be construed to apply to any tax imposed by chapter 2 or 21 of the Internal Revenue Code of 1986 [26 U.S.C. 1401 et seq., 3101 et seq.]. Beginning as soon as the government of Guam enacts legislation establishing a fiscal year commencing on October 1 and ending on September 30, the Secretary of the Treasury, prior to the commencement of any fiscal year, shall remit to the government of Guam the amount of duties, taxes, and fees which the governor of Guam, with the concurrence of the government comptroller of Guam, has estimated will be collected in or derived from Guam under this section during the next fiscal year, except for those sums covered directly upon collection into the treasury of Guam. The Secretary of the Treasury shall deduct from or add to the amounts so remitted the difference between the amount of duties, taxes, and fees actually collected during the prior fiscal year and the amount of such duties, taxes, and fees as estimated and remitted at the beginning of that prior fiscal year, including any deductions which may be required as a result of the operation of Public Law 94–395 (90 Stat. 1199) or Public Law 88–170, as amended (82 Stat. 863).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Organic Act of Guam

    Pub. L. 81–512 § 30 · 64 Stat. 384

    Enacted · 48 U.S.C. § 1421h

    Aug. 1, 1950, ch. 512, § 30, 64 Stat. 392

    Source evidence

    Code source credit
    Aug. 1, 1950, ch. 512, § 30, 64 Stat. 392

    Enacted provision · exact public law section
    Sec. 30. All customs duties and Federal income taxes derived from Duties, etc., derived from Guam. Guam, the proceeds of all taxes collected under the internal-revenue laws of the United States on articles produced in Guam and transported to the United States, its Territories, or possessions, or consumed m Guam, and the proceeds of any other taxes which may be levied by the Congress on the inhabitants of Guam, and all quarantine, passport, immigration, and naturalization fees collected in Guam shall be covered into the treasury of Guam and held in account for the Government of Guam, and shall be expended for the benefit and government of Guam in accordance with the annual budgets.

  2. Social Security Amendments of 1960

    Pub. L. 86–778 title I § 103(u) · 74 Stat. 924

    Inserted · 48 U.S.C. § 1421h

    Pub. L. 86–778 inserted clause providing that nothing in this chapter shall be construed to apply to any tax imposed by chapter 2 or 21 of title 26

    Source evidence

    Code amendment note
    Pub. L. 86–778 inserted clause providing that nothing in this chapter shall be construed to apply to any tax imposed by chapter 2 or 21 of title 26.

    Enacted provision · exact public law section
    (u) Section 30 of the Organic Act of Guam (48 U.S.C., sec. 1421h) 64 Stat. 392. is amended by inserting before the period at the end thereof the following: “; except that nothing in this Act shall be construed to apply to any tax imposed by chapter 2 or 21 of the Internal Revenue Code of 1954”.

  3. Pub. L. 95–348 § 1(c) · 92 Stat. 487

    Inserted · 48 U.S.C. § 1421h

    Pub. L. 95–348 inserted provisions relating to authorization, amount, computation, etc., of remittance, prior to commencement of any fiscal year, of duties, taxes, and fees to be collected in or derived from Guam under this section during that next fiscal year

    Source evidence

    Code amendment note
    Pub. L. 95–348 inserted provisions relating to authorization, amount, computation, etc., of remittance, prior to commencement of any fiscal year, of duties, taxes, and fees to be collected in or derived from Guam under this section during that next fiscal year.

    Enacted provision · exact public law section
    (c) Section 30 of the Organic Act of Guam (64 Stat. 384), as Duties and taxes. 48 USC 1421h. amended, is further amended by adding at the end thereof the following: “Beginning as soon as the government of Guam enacts legislation establishing a fiscal year commencing on October 1 and ending on September 30, the Secretary of the Treasury, prior to the commencement of any fiscal year, shall remit to the government of Guam the amount of duties, taxes, and fees which the governor of Guam, with the concurrence of the government comptroller of Guam, has estimated will be collected in or derived from Guam under this section during the next fiscal year, except for those sums covered directly upon collection into the treasury of Guam. The Secretary of the Treasury shall deduct from or add to the amounts so remitted the difference between the amount of duties, taxes, and fees actually collected during the prior fiscal year and the amount of such duties, taxes, and fees as estimated and remitted at the beginning of that prior fiscal year, including any deductions which may be required as a result of the operation of Public Law 94–395 (90 Stat. 1199) or Public Law 88–170, as amended (82 Stat. 863).”.

  4. Pub. L. 98–454 title VI § 601(h) · 98 Stat. 1732

    Inserted · 48 U.S.C. § 1421h

    Pub. L. 98–454 inserted “(including, but not limited to, compensation paid to members of the Armed Forces and pensions paid to retired civilians and military employees of the United States, or their survivors, who are residents of, or who are domiciled in, Guam)” after “inhabitants of Guam” in first sentence

    Source evidence

    Code amendment note
    Pub. L. 98–454 inserted “(including, but not limited to, compensation paid to members of the Armed Forces and pensions paid to retired civilians and military employees of the United States, or their survivors, who are residents of, or who are domiciled in, Guam)” after “inhabitants of Guam” in first sentence.

    Enacted provision · exact public law section
    (h) amend the first sentence of section 30 of the Organic Act of Guam (64 Stat. 392, as amended 48 U.S.C. 1421h) by adding after the words “inhabitants of Guam” the following: “(including, but not limited to, compensation paid to members of the Armed Forces and pensions paid to retired civilians and military em-ployees of the United States, or their survivors, who are residents of, or who are domiciled in, Guam)”.

  5. Tax Reform Act of 1986

    Pub. L. 99–514 § 2 · 100 Stat. 2085

    Substituted · 48 U.S.C. § 1421h

    Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”

    Source evidence

    Code amendment note
    Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

    Enacted provision · exact public law section
    SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

The internal-revenue laws of the United States, referred to in text, are classified generally to Title 26, Internal Revenue Code.

Public Law 94–395 (90 Stat. 1199), referred to in text, was enacted , and amended section 1423a of this title.

Public Law 88–170, as amended (82 Stat. 863), referred to in text, is Pub. L. 88–170, , 77 Stat. 302, as amended by Pub. L. 90–511, , 82 Stat. 863, which is not classified to the Code.

Amendments1960–1986 · 4 rounds

1986

Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

1984

Pub. L. 98–454 inserted “(including, but not limited to, compensation paid to members of the Armed Forces and pensions paid to retired civilians and military employees of the United States, or their survivors, who are residents of, or who are domiciled in, Guam)” after “inhabitants of Guam” in first sentence.

1978

Pub. L. 95–348 inserted provisions relating to authorization, amount, computation, etc., of remittance, prior to commencement of any fiscal year, of duties, taxes, and fees to be collected in or derived from Guam under this section during that next fiscal year.

1960

Pub. L. 86–778 inserted clause providing that nothing in this chapter shall be construed to apply to any tax imposed by chapter 2 or 21 of title 26.

Credits

1950–1986 · 5 acts
  1. 1950Aug. 1, 1950, ch. 512, § 30, 64 Stat. 392
  2. 1960Pub. L. 86–778, title I, § 103(u), , 74 Stat. 941
  3. 1978Pub. L. 95–348, § 1(c), , 92 Stat. 488
  4. 1984Pub. L. 98–454, title VI, § 601(h), , 98 Stat. 1736
  5. 1986Pub. L. 99–514, § 2, , 100 Stat. 2095.
Show as published

(Aug. 1, 1950, ch. 512, § 30, 64 Stat. 392; Pub. L. 86–778, title I, § 103(u), , 74 Stat. 941; Pub. L. 95–348, § 1(c), , 92 Stat. 488; Pub. L. 98–454, title VI, § 601(h), , 98 Stat. 1736; Pub. L. 99–514, § 2, , 100 Stat. 2095.)

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