[Code of Federal Regulations]
[Title 26, Volume 10]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.935-1]

[Page 135-139]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.935-1  Coordination of U.S. and Guam individual income taxes.

    (a) Application of section--(1) Scope. Section 935 and this section 
set forth the special rules relating to the filing of income tax 
returns, income tax liabilities, and estimated income tax of individuals 
described in subparagraph (2) of this paragraph. For additional rules 
relating to the collection of income tax at source on the wages of 
certain individuals, the furnishing of certain information with the 
returns of certain individuals, and the covering over to the treasury of 
Guam of net collections of income taxes imposed on certain individuals, 
see section 7654 and Sec. 301.7654-1 of this chapter (Regulations on 
Procedure and Administration).
    (2) Individuals covered. This section shall apply for a taxable year 
to any individual who--
    (i) Is a resident of Guam, whether or not he is a citizen of the 
United States,
    (ii) Is a citizen of Guam but not otherwise a citizen of the United 
States,
    (iii) Has income derived from Guam for the taxable year and is a 
citizen or resident of the United States, or
    (iv) Files a joint return for the taxable year with any individual 
described in subdivision (i), (ii), or (iii) of this subparagraph.
    (3) Determination of residence and citizenship. For purposes of this 
section, determinations of residence and citizenship for a taxable year 
shall be made (except as provided to the contrary in paragraphs (d)(1) 
and (2) of this section) as of the close of the taxable year. A citizen 
of the United States is any individual who is a citizen within the 
meaning of paragraph (c) of Sec. 1.1-1, except that the term does not 
include an individual who is a citizen of Guam but not otherwise a 
citizen of the United States. An individual who is a citizen of Guam but 
not otherwise a citizen of the United States is any individual who has 
become a citizen of the United States by birth or naturalization in 
Guam. Whether an individual is a resident of Guam or a resident of the 
United States shall generally be determined by applying to the facts and 
circumstances in each case the principles of Sec. Sec. 1.871-2 through 
1.871-5 relating to what constitutes residence or nonresidence, as the 
case may be, in the United States in the case of an alien individual. 
However, for special rules for determining the residence for tax 
purposes of individuals under military or naval orders, see section 514 
of the Soldiers' and Sailors' Civil Relief Act of 1940, 50 App. U.S.C. 
574. The residence of an individual, and, therefore, the jurisdiction 
with which he is required to file an income tax return under paragraph 
(b) of this section, may change from year to year.
    (b) Filing requirement--(1) Tax jurisdiction. An individual 
described in paragraph (a)(2) of this section shall file his return of 
income tax for the taxable year--
    (i) With the United States if he is a resident of the United States, 
whether or not he is a citizen of the United States,
    (ii) With Guam if he is a resident of Guam, whether or not he is a 
citizen of Guam, or
    (iii) If neither subdivision (i) nor (ii) of this subparagraph 
applies,
    (A) With Guam if he is a citizen of Guam but not otherwise a citizen 
of the United States, as defined in paragraph (a)(3) of this section, or
    (B) With the United States if he is a citizen of the United States, 
as defined in paragraph (a)(3) of this section. Thus, for example, if a 
U.S. citizen employed by the United States in Guam becomes a resident of 
Guam for the taxable year, he must file his return of

[[Page 136]]

income tax for such year with Guam. The tax shown on the return shall be 
paid to the jurisdiction with which such return is required to be filed 
and shall be determined by taking into account any credit under section 
31 for tax withheld by Guam or the United States on wages, any credit 
under section 6402(b) for an overpayment of income tax to Guam or the 
United States, and any payments under section 6315 of estimated income 
tax paid to Guam or the United States. See paragraph (a)(3) of this 
section for the rule that determinations of residence and citizenship 
are to be made as of the close of the taxable year.
    (2) Joint returns. In the case of married persons, if one or both 
spouses is an individual described in paragraph (a)(2) of this section 
and they file a joint return of income tax, the spouses shall file their 
joint return with, and pay the tax due on such return to, the 
jurisdiction where the spouse who has the greater adjusted gross income 
for the taxable year would be required under subparagraph (1) of this 
paragraph to file his return if separate returns were filed. For this 
purpose, adjusted gross income of each spouse is determined under 
section 62 and the regulations thereunder but without regard to 
community property laws; and, if one of the spouses dies, the taxable 
year of the surviving spouse shall be treated as ending on the date of 
such death.
    (3) Place for filing returns--(i) U.S. returns. A return required 
under this paragraph to be filed with the United States shall be filed 
in accordance with Sec. 1.6091-2, except that such return of a citizen 
or resident of the United States who is described in Sec. 301.7654-
1(a)(2) of this chapter (Regulations on Procedure and Administration) 
shall be filed with the Internal Revenue Service Center, 11601 Roosevelt 
Boulevard, Philadelphia, Pennsylvania 19155.
    (ii) Guam returns. A return required under this paragraph to be 
filed with Guam shall be filed with the Commissioner of Revenue and 
Taxation, Agana, Guam 96910.
    (4) Tax accounting standards. A taxpayer who has filed his return 
with one of the jurisdictions named in subparagraph (1) of this 
paragraph for a prior taxable year and is required to file his return 
for a later taxable year with the other such jurisdiction may not, for 
such later taxable year, change his accounting period, method of 
accounting, or any election to which he is bound with respect to his 
reporting of taxable income to the first jurisdiction unless he obtains 
the consent of the second jurisdiction to make such change. However, 
such change will not be effective for returns filed thereafter with the 
first jurisdiction unless before such later date of filing he also 
obtains the consent of the first jurisdiction to make such change. Any 
request for consent to make a change pursuant to this subparagraph must 
be made to the office where the return is required to be filed under 
subparagraph (3) of this paragraph and in sufficient time to permit a 
copy of the consent to be attached to the return for the taxable year.
    (c) Extent of liability for income tax--(1) Extension of territory--
(i) General rule. With respect to an individual who, for a taxable year, 
is described in paragraph (a)(2) of this section--
    (A) For purposes of so much of the Internal Revenue Code of 1954 as 
relates to the normal taxes and the surtaxes imposed by chapter 1 
thereof, the United States shall be treated, in a geographical and 
governmental sense, as including Guam, and
    (B) For purposes of the Guam Territorial income tax (48 U.S.C. 
1421i), Guam shall be treated, in a geographical and governmental sense, 
as including the United States except that this subdivision shall not 
apply for purposes of this section, section 7651, and section 7654.
    (ii) Application of general rule. (A) The significance of the 
application of the rule of subdivision (i) of this subparagraph will 
depend upon the facts and circumstances of the particular case. The rule 
will not be applied where its application would be manifestly 
inapplicable or incompatible with the intent thereof. Thus, the rule 
will not be applied for purposes of section 3401, relating to definition 
of wages. Also, the rule will not be applied in determining the sources 
of dividends and interest

[[Page 137]]

from a domestic corporation. For example, if less than 20 percent of a 
domestic corporation's gross income is from U.S. sources for the period 
described in section 861(a)(1)(B) and (2)(A), but more than 20 percent 
of its gross income is from U.S. and Guam sources taken together for 
such period, the dividends and interest derived from it will be treated 
as derived from sources without the United States. In addition, for 
purposes of section 1372(e)(4), relating to whether an election of a 
small business corporation has been terminated because it derived more 
than 80 percent of its gross receipts from sources outside the United 
States, gross receipts from sources within Guam will be treated as gross 
receipts from sources outside the United States. On the other hand, some 
of the conclusions which may be reached as a result of the application 
of subdivision (i) of this subparagraph to a U.S. taxpayer (that is, an 
individual described in paragraph (b)(1)(i) or (iii)(B) of this section) 
are as follows. A U.S. taxpayer may not claim a foreign tax credit based 
upon his income from sources within Guam. Income tax paid to Guam may be 
taken into account under sections 31, 6315, and 6402(b) as payments to 
the United States. For purposes of section 116(a), relating to the 
partial exclusion of dividends received by individuals, dividends paid 
to a U.S. taxpayer by a corporation created or organized in Guam or 
under the law of Guam will be treated as dividends paid by a domestic 
corporation. Taxes paid to Guam and otherwise satisfying the 
requirements of section 164(a) will be allowed as a deduction under that 
section, but income taxes paid to Guam will be disallowed as a deduction 
under section 275(a).
    (B) If a U.S. taxpayer has a net operating loss carryback or 
carryover under section 172, a foreign tax credit carryback or carryover 
under section 904, an investment credit carryback or carryover under 
section 46, a capital loss carryover under section 1212, or a charitable 
contributions carryover under section 170, the United States will take 
such carryback or carryover into account for a taxable year for which 
the taxpayer's return is required to be filed with the United States, 
and make a refund to the extent required under section 6402, even though 
the return of the taxpayer for the taxable year (whether beginning on, 
before, or after December 31, 1972) giving rise to the carryback or 
carryover was required to be filed with Guam.
    (C) For purposes of income averaging of a U.S. taxpayer under 
sections 1301 through 1305, the taxpayer will not be denied status as an 
``eligible individual'' merely because he was during the base period 
defined in section 1302(c)(2) treated under section 932 as a nonresident 
alien individual because he was a citizen of Guam but not otherwise a 
citizen of the United States. See section 1303(b). Furthermore, in 
determining the base period of such a U.S. taxpayer under section 
1302(c)(2), taxable years for which a return was required to be filed 
with Guam shall be taken into account.
    (D) In applying the Guam Territorial income tax the converse of the 
preceding rules under this subdivision will apply. Thus, for example, 
income tax paid to the United States may be taken into account under 
sections 31, 6315, and 6402(b) as payments to Guam. Moreover, a citizen 
of the United States (as defined in paragraph (a)(3) of this section) 
not a resident of Guam will not be treated as a nonresident alien 
individual for purposes of the Guam Territorial income tax. Thus, for 
example, a citizen of the United States (as so defined), or a resident 
of the United States, will not be treated as a nonresident alien 
individual for purposes of section 1371(a)(3) of the Guamanian 
Territorial income tax.
    (2) Liability to other jurisdiction--(i) Filing with Guam. If for a 
taxable year an individual is required under paragraph (b)(1) of this 
section to file a return with Guam, he is relieved of liability to file 
an income tax return with, and to pay an income tax to, the United 
States for the taxable year.
    (ii) Filing with the United States. If for a taxable year an 
individual is required under paragraph (b)(1) of this section to file a 
return with the United States, he is relieved of liability to file an 
income tax return with, and to pay an income tax to, Guam for the 
taxable year.

[[Page 138]]

    (d) Special rules for estimated income tax--(1) Declaration of 
estimated income tax. If, under all the facts and circumstances existing 
at the date an individual is required to file a declaration of estimated 
income tax, there is reason to believe that he will, for the taxable 
year, be an individual described in paragraph (a)(2) of this section, he 
must file his declaration of estimated income tax (and all amendments 
thereof) with the jurisdiction with which he would be required to file a 
return under paragraph (b)(1) of this section if his taxable year had 
closed on the date he is first required to file a declaration of 
estimated income tax for the taxable year. Except as provided in 
paragraph (6) of this section (relating to underpayments of estimated 
income tax), payments of estimated income tax shall be made to the 
jurisdiction with which he is required to file the declaration even 
though for the taxable year he is required under paragraph (b)(1) of 
this section to file his return with the other jurisdiction. In 
determining the amount of such estimated income tax, income tax paid to 
Guam may be taken into account under sections 31 and 6402(b) as payments 
to the United States, and vice versa. For rules relating to the 
determination of, and time for filing, declarations of estimated tax, 
see sections 6015 and 6073; for rules relating to the time for paying 
installments of the tax, see section 6153.
    (2) Joint declaration of estimated income tax. In the case of 
married persons, if, under all the facts and circumstances existing at 
the date a spouse is required to file a declaration of estimated income 
tax, there is reason to believe that he will, for the taxable year, be 
an individual described in paragraph (a)(2) of this section and the 
spouses file a joint declaration of estimated income tax, the spouses 
must file their joint declaration of estimated income tax (and all 
amendments thereof) with the jurisdiction where the spouse who has the 
greater estimated adjusted gross income for the taxable year would be 
required under subparagraph (1) of this paragraph to file his 
declaration of estimated income tax if separate declarations were filed. 
For this purpose, estimated adjusted gross income of each spouse for the 
taxable year is determined without regard to community property laws. 
Except as provided in paragraph (6) of this section, payments of 
estimated income tax shall be made to the jurisdiction with which the 
spouses are required to file the joint declaration.
    (3) Early filing of declarations. If the individual or spouses have 
in fact filed a declaration or joint declaration of estimated income tax 
earlier than the time he or they are first required to file the 
declaration and such declaration was not filed where it is required to 
be filed under paragraph (d)(1) or (2) of this section, as the case may 
be, of this paragraph, only subsequent amendments of the declaration are 
required to be filed pursuant to such paragraph (d)(1) or (2) of this 
section with the other jurisdiction and only subsequent installments of 
the estimated income tax are required to be paid to the other 
jurisdiction.
    (4) Place for filing declarations. A declaration of estimated income 
tax required under subparagraph (1) of this paragraph to be filed with 
Guam, shall be filed as prescribed in paragraph (b)(3)(ii) of this 
section. A declaration of estimated income tax required under 
subparagraph (1) of this paragraph to be filed with the United States 
shall be filed at the place prescribed by Sec. 1.6073-1(c).
    (5) Liability to other jurisdiction--(i) Filing with Guam. If, for a 
taxable year, an individual is required under this paragraph to file a 
declaration of estimated income tax with Guam, he is relieved of 
liability to file a declaration of estimated income tax (and any 
amendments thereof) with, and to make payments of estimated income tax 
to, the United States for the taxable year.
    (ii) Filing with the United States. If, for a taxable year, an 
individual is required under this paragraph to file a declaration of 
estimated income tax with the United States, he is relieved of liability 
to file a declaration of estimated income tax (and any amendments 
thereof) with, and to make payments of estimated income tax to, Guam for 
the taxable year.
    (6) Underpayments. The liability of an individual described in 
paragraph (a)(2)

[[Page 139]]

of this section for underpayments of estimated income tax for a taxable 
year, as determined under section 6654 and the regulations thereunder, 
shall be to the jurisdiction with which he is required under paragraph 
(b) of this section to file his return for the taxable year.
    (e) Illustration. The application of this section may be illustrated 
by the following examples:

    Example 1. B, and individual, files returns on a calendar year 
basis. B is a resident of the United States at the time he is required 
to file his declaration of estimated income tax for 1974. If, under the 
facts and circumstances, B does not reasonably expect at the time he 
files his declaration of estimated income tax that he will be a resident 
of Guam at the close of 1974, he will not be subject to this section at 
the time of such filing. However, B subsequently receives Guam source 
income which necessitates an amendment of his declaration, and some time 
later in 1974 he becomes a resident of Guam for the remainder of the 
year. B is required under paragraph (d)(1) of this section to file his 
amended declaration with the United States and to make payments of the 
estimated tax to the United States. However, B is required to file his 
income tax return for 1974 with Guam and to make any underpayments of 
estimated tax to Guam, pursuant to paragraphs (b)(1) and (d)(6) of this 
section.
    Example 2. C, an individual, files returns on a calendar year basis. 
On March 1, 1974, C is a resident of the United States, files his 
declaration of estimated income tax for 1974 with the United States, and 
pays his first installment of estimated tax to the United States. Prior 
to the date C would otherwise be required to file his declaration of 
estimated income tax for 1974 (April 15, 1974), C becomes a resident of 
Guam for the remainder of the year. C is required under paragraph (d)(1) 
of this section to make only his remaining payments of installments of 
estimated tax to Guam. C is also required to file his income tax return 
for 1974 with Guam and to make any underpayments of estimated tax to 
Guam, pursuant to paragraphs (b)(1) and (d)(6) of this section.
    Example 3. D, an individual, files returns on a calendar year basis. 
On August 1, 1974, D ceases to be a resident of the United States for 
the year and becomes a resident of Guam for the remainder of the year. D 
is first required to file a declaration of estimated income tax for 1974 
on September 15, 1974, because of his receipt of an extraordinary item 
of income after June 15, 1974. D is required under paragraph (d)(1) of 
this section to file his declaration with Guam and to make payments of 
the estimated tax to Guam. D is also required to file his income tax 
return for 1974 with Guam and to make any underpayments of estimated tax 
to Guam, pursuant to paragraphs (b)(1) and (d)(6) of this section.

    (f) Effective date. This section shall apply for taxable years 
beginning after December 31, 1972.

(Secs. 7805 (68A Stat. 917; 26 U.S.C. 7805) and 7654(e) (86 Stat. 1496; 
26 U.S.C. 7654 (e)) of the Internal Revenue Code of 1954)

[T.D. 7385, 40 FR 50261, Oct. 29, 1975]