I 

116TH CONGRESS 

1ST SESSION H. R. 4262 

To ensure that refunds of overpayments of the Guam Territorial Income 

Tax are issued in a timely manner, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 10, 2019 

Mr. SAN NICOLAS introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To ensure that refunds of overpayments of the Guam Territorial Income Tax are issued in a timely manner, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tax Refund Responsi5 bility Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 

8 (1) For nearly two decades, the Government of 

9 Guam has been unable to set aside money to pay for 

10 income tax refunds and instead has relied on accuVerDate Sep 11 2014 01:57 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4262.IH H4262

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1 mulated deficits and subsequent borrowing on the 

2 bond market, amassing close to half a billion dollars 

3 of debt, to pay accrued income tax refund payments 

4 owed to its taxpayers. 

5 (2) The enactment of an amendment to the Or6 ganic Act of Guam requiring that the Government of 

7 Guam deposit tax collections in the Income Tax Re8 fund Efficient Payment Trust fund, as created by 

9 Guam Public Law 26–74, would prevent further un10 balanced budgeting, deficit spending, chronic bor11 rowing, and future burdens on the taxpayers of 

12 Guam. 

13 SEC. 3. TIMELY REFUNDS OF OVERPAYMENT OF GUAM 

14 TERRITORIAL INCOME TAX. 

15 Section 31 of the Organic Act of Guam (48 U.S.C. 

16 1421i) is amended by adding at the end the following: 

17 ‘‘(i) The Governor of Guam shall ensure that— 

18 ‘‘(1) each form filed by a person or entity for 

19 a refund of overpayment of the Guam Territorial In20 come Tax is processed by the Government of Guam 

21 not later than 90 days after such form was filed; 

22 and 

23 ‘‘(2) a refund of the full amount of any over24 payment of the Guam Territorial Income Tax that 

25 the Government of Guam has deemed valid is issued 


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1 to the person or entity who filed for such refund not 

2 later than 90 days after the form for the refund was 

3 filed.’’. 

4 SEC. 4. DEPOSIT TO THE INCOME TAX REFUND EFFICIENT 

5 PAYMENT TRUST FUND. 

6 The Organic Act of Guam (48 U.S.C. 1421 et seq.) 

7 is amended by inserting after section 22D the following: 

8 ‘‘SEC. 23. DEPOSIT TO THE INCOME TAX REFUND EFFI9 CIENT PAYMENT TRUST FUND. 

10 ‘‘Not later than 10 days after the end of each cal11 endar month, the Governor of Guam shall ensure that 

12 there is directly deposited into the Guam Income Tax Re13 fund Efficient Payment Trust Fund a percentage of the 

14 payroll withholding taxes and income taxes collected by 

15 the government of Guam for that month and a percentage 

16 of the self-employed payroll withholding taxes collected for 

17 the quarter, equal to the percentage of the budgeted fore18 casted amount set aside for income tax refunds, earned 

19 income tax credits, and child tax credits adopted in the 

20 Government of Guam’s fiscal year budget, so that not 

21 later than 10 days after the end of the calendar year, not 

22 less than the amount necessary for income tax refunds, 

23 earned income tax credits, and child tax credits for that 

24 calendar year shall have been deposited into the Trust Re25 fund Efficient Payment Trust Fund.’’. 


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1 SEC. 5. EFFECTIVE DATE. 

2 The amendments made by this Act shall take effect 

3 on the first January 1 to occur after the date of the enact4 ment of this Act. 

Æ 


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