Total exemption from Guam real property tax on the residence of a veteran rated one hundred percent disabled or individually unemployable, and of a surviving spouse or legal guardian. Subletting one room does not break it.
11 GCA § 24401.1 exempts from all property taxes real property owned and occupied as a residence by a person whom the U.S. Department of Veterans Affairs rates one hundred percent disabled or individually unemployable because of injuries received while on duty with the Armed Forces of the United States. The exemption also runs to a surviving spouse, as defined in 10 GCA § 67101(e), and to a legal guardian, as defined in § 67101(g). It was added in its current form by Public Law 34-106 on June 5, 2018.
The two routes are alternatives on the face of the statute. One hundred percent and individual unemployability each qualify on their own, so a veteran rated at seventy percent who is paid at the total rate through unemployability reaches this exemption. In VetTOC's filter those are separate gates: set a rating below one hundred and answer no to unemployability and the entry drops off, leave unemployability unanswered and it stays.
The conditions in subsection (a) are the things that end it. The exemption is granted only as long as the veteran remains one hundred percent disabled or individually unemployable, the surviving spouse has not remarried, and the legal guardian is still lawfully vested with the power. It is allowed on no more than one residence for any one person. And where part of the premises is used for commercial purposes, the exemption is lost for that portion and kept for the portion used exclusively as a residence; it does not apply to any structure, including the land under it, used commercially.
Subsection (b) is the useful part and it is more generous than the usual reading of "residence." The word covers the entire homestead when occupied by a qualified veteran, surviving spouse or legal guardian as a residence. It covers a residence where that owner sublets not more than one room to a tenant, so taking in a single lodger does not cost you the exemption. And it covers premises held under an agreement to purchase for a home, where the agreement was duly entered into and recorded before January 1 of the tax year preceding the one claimed and the purchaser agrees to pay all taxes while buying. A veteran buying on contract rather than holding title can still claim.
The Gold Star exemption at 11 GCA § 24401.2 is a separate and parallel benefit with its own entry here; it does not require any rating.
The Department of Revenue and Taxation form asks applicants to file with the assessor by March 15 and to obtain a benefit-information letter from VA. Certification of status runs through the Guam Office of Veterans Affairs.
Thresholds
Thresholds for Guam Disabled Veteran Property Tax Exemption
Gate
Rule
Rated one hundred percent disabled
11 GCA § 24401.1(a)(1) requires that the veteran be determined by VA to be one hundred percent disabled due to military service-connected injuries. The exemption continues only as long as that rating does.
Individually unemployable qualifies on its own
11 GCA § 24401.1 treats individual unemployability as a full alternative to the one hundred percent rating. A veteran paid at the total rate through unemployability qualifies without a schedular one hundred percent, and the exemption continues only as long as that status does.
One residence, and commercial use is carved out
The exemption is allowed on no more than one residence for any one person. Where part of the premises is used commercially, that portion is excluded and the portion used exclusively as a residence is exempt. It does not apply to any structure, or the land under it, used for commercial purposes.
Subletting one room is allowed, and so is buying on contract
Subsection (b) defines residence to include the entire homestead, a residence where the owner sublets not more than one room to a tenant, and premises held under a purchase agreement recorded before January 1 of the year preceding the tax year claimed where the purchaser agrees to pay all taxes.
Survivors and guardians have their own conditions
A surviving spouse qualifies under the definition at 10 GCA § 67101(e) and only while not remarried. A legal guardian qualifies under § 67101(g) and only while lawfully vested with the power.
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Disclaimer
VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.