11 GCA § 26303
Presumption of Sale of Alcoholic Beverages in Guam: Contrary Proof
View official PDF ↗It shall be presumed that all alcoholic beverages acquired by any taxpayer have been sold in Guam by him and that alcoholic beverages transported or imported into Guam are transported or imported for delivery and use in Guam unless one of the following is established, in reports on such forms as may be prescribed by the Tax Commissioner:
(a)That the alcoholic beverages are still in possession of the licensee.
(b)That the alcoholic beverages have been sold or delivered to another licensed alcoholic beverages manufacturer, rectifier, importer, or wholesaler.
(c)That the alcoholic beverages have been exported without Guam or sold for export by the licensee making the report and actually exported from Guam within ninety
(90)days from the date of the sale or delivered on board a ship or vessel for store use or ship’s consumption, or sold to special licensees authorized under § 3226 of 11 GCA to sell alcoholic beverages to departing passengers at the airport or Commercial Port.
(d)That prior to the termination of possession the alcoholic beverages have been lost through unintentional destruction.
(e)That prior to the termination of possession there has been an unaccounted for loss, but the unaccounted loss shall not exceed a tolerance to be fixed by the Tax Commissioner.
(f)That the alcoholic beverages are otherwise exempt from taxation under this Article.
§ The story of this section
- Amended by P.L. 12-214 (bill & sponsor pending — earlier Legislature not yet ingested)
- Amended by P.L. 14-59 § 2 (bill & sponsor pending — earlier Legislature not yet ingested)
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.