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This entry was published on 2014-09-22
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SECTION 289-D
Mailing rules; holidays
Tax (TAX) CHAPTER 60, ARTICLE 12-A
§ 289-d. Mailing rules; holidays. 1. Except as otherwise provided
in this subdivision, if any return, claim, statement, notice,
application or other document required to be filed, or any payment
required to be made, within a prescribed period or on or before a
prescribed date under authority of any provision of this article is,
after such period or such date, delivered by United States mail to the
tax commission, bureau, office, officer or person with which or with
whom such document is required to be filed, or to which or to whom such
payment is required to be made, the date of the United States postmark
stamped on the envelope shall be deemed to be the date of delivery.
This subdivision shall apply only if the postmark date falls within the
prescribed period or on or before the prescribed date for the filing of
such document, or for making the payment, including any extension
granted for such filing or payment, and only if such document or payment
was deposited in the mail, postage prepaid, properly addressed to the
tax commission, bureau, office, officer or person with which or with
whom the document is required to be filed or to which or to whom such
payment is required to be made. If any document is sent by United
States registered mail, such registration shall be prima facie evidence
that such document was delivered to the tax commission, bureau, office,
officer or person to which or to whom addressed. To the extent that the
tax commission shall prescribe by regulation, certified mail may be used
in lieu of registered mail under this section. This subdivision shall
apply in the case of postmarks not made by the United States Post Office
only if and to the extent provided by regulations of the tax commission.

2. Any notice authorized or required under this article may be given
by mailing it to the person for whom it is intended, in a postpaid
envelope addressed to such person at the address given by him in his
application for registration as a distributor or in the last return
filed by him under this article or, if no application or return has been
filed, then to such address as may be obtainable. The mailing of such
notice shall be presumptive evidence of its receipt by the person to
whom addressed. Any period of time, which is determined according to
the provisions of this article, for the giving of notice shall commence
to run from the date of mailing of such notice.

3. When the last day prescribed under authority of this article
(including any extension of time) for performing any act falls on
Saturday, Sunday or a legal holiday in the state of New York, the
performance of such act shall be considered timely if it is performed
on the next succeeding day which is not a Saturday, Sunday or a legal
holiday.

4. (a) Any reference in subdivision one of this section to the United
States mail shall be treated as including a reference to any delivery
service designated by the secretary of the treasury of the United States
pursuant to section seventy-five hundred two of the internal revenue
code and any reference in subdivision one of this section to a postmark
by the United States mail shall be treated as including a reference to
any date recorded or marked in the manner described in section
seventy-five hundred two of the internal revenue code by a designated
delivery service. If the commissioner finds that any delivery service
designated by such secretary is inadequate for the needs of the state,
the commissioner may withdraw such designation for purposes of this
article. The commissioner may also designate additional delivery
services meeting the criteria of section seventy-five hundred two of the
internal revenue code for purposes of this article, or may withdraw any
such designation if the commissioner finds that a delivery service so
designated is inadequate for the needs of the state. Any reference in
subdivision one of this section to the United States mail shall be
treated as including a reference to any delivery service designated by
the commissioner and any reference in subdivision one of this section to
a postmark by the United States mail shall be treated as including a
reference to any date recorded or marked in the manner described in
section seventy-five hundred two of the internal revenue code by a
delivery service designated by the commissioner.

(b) Any equivalent of registered or certified mail designated by the
United States secretary of the treasury, or as may be designated by the
commissioner pursuant to the same criteria used by such secretary for
such designations pursuant to section seventy-five hundred two of the
internal revenue code, shall be included within the meaning of
registered or certified mail as used in subdivision one of this section.
If the commissioner finds that any equivalent of registered or certified
mail designated by such secretary or the commissioner is inadequate for
the needs of the state, the commissioner may withdraw such designation
for purposes of this article.