N.Y. TAX Law § 289-D — New York Code / Act TAX / Article 12-A / Section 289-D
Mailing rules; holidays
Status: in_force

§ 289-d.  Mailing rules; holidays.  1.  Except as otherwise provided\nin this subdivision, if any return, claim, statement, notice,\napplication or other document required to be filed, or any payment\nrequired to be made, within a prescribed period or on or before a\nprescribed date under authority of any provision of this article is,\nafter such period or such date, delivered by United States mail to the\ntax commission, bureau, office, officer or person with which or with\nwhom such document is required to be filed, or to which or to whom such\npayment is required to be made, the date of the United States postmark\nstamped on the envelope shall be deemed to be the date of delivery.\nThis subdivision shall apply only if the postmark date falls within the\nprescribed period or on or before the prescribed date for the filing of\nsuch document, or for making the payment, including any extension\ngranted for such filing or payment, and only if such document or payment\nwas deposited in the mail, postage prepaid, properly addressed to the\ntax commission, bureau, office, officer or person with which or with\nwhom the document is required to be filed or to which or to whom such\npayment is required to be made.  If any document is sent by United\nStates registered mail, such registration shall be prima facie evidence\nthat such document was delivered to the tax commission, bureau, office,\nofficer or person to which or to whom addressed. To the extent that the\ntax commission shall prescribe by regulation, certified mail may be used\nin lieu of registered mail under this section.  This subdivision shall\napply in the case of postmarks not made by the United States Post Office\nonly if and to the extent provided by regulations of the tax commission.\n  2.  Any notice authorized or required under this article may be given\nby mailing it to the person for whom it is intended, in a postpaid\nenvelope addressed to such person at the address given by him in his\napplication for registration as a distributor or in the last return\nfiled by him under this article or, if no application or return has been\nfiled, then to such address as may be obtainable.  The mailing of such\nnotice shall be presumptive evidence of its receipt by the person to\nwhom addressed.  Any period of time, which is determined according to\nthe provisions of this article, for the giving of notice shall commence\nto run from the date of mailing of such notice.\n  3.  When the last day prescribed under authority of this article\n(including any extension of time) for performing any act falls on\nSaturday, Sunday or a legal holiday in the state of New York, the\nperformance of such act shall be considered timely if it is  performed\non the next succeeding day which is not a Saturday, Sunday or a legal\nholiday.\n  4. (a) Any reference in subdivision one of this section to the United\nStates mail shall be treated as including a reference to any delivery\nservice designated by the secretary of the treasury of the United States\npursuant to section seventy-five hundred two of the internal revenue\ncode and any reference in subdivision one of this section to a postmark\nby the United States mail shall be treated as including a reference to\nany date recorded or marked in the manner described in section\nseventy-five hundred two of the internal revenue code by a designated\ndelivery service.  If the commissioner finds that any delivery service\ndesignated by such secretary is inadequate for the needs of the state,\nthe commissioner may withdraw such designation for purposes of this\narticle.  The commissioner may also designate additional delivery\nservices meeting the criteria of section seventy-five hundred two of the\ninternal revenue code for purposes of this article, or may withdraw any\nsuch designation if the commissioner finds that a delivery service so\ndesignated is inadequate for the needs of the state.  Any reference in\nsubdivision one of this section to the United States mail shall be\ntreated as including a reference to any delivery service designated by\nthe commissioner and any reference in subdivision one of this section to\na postmark by the United States mail shall be treated as including a\nreference to any date recorded or marked in the manner described in\nsection seventy-five hundred two of the internal revenue code by a\ndelivery service designated by the commissioner.\n  (b) Any equivalent of registered or certified mail designated by the\nUnited States secretary of the treasury, or as may be designated by the\ncommissioner pursuant to the same criteria used by such secretary for\nsuch designations pursuant to section seventy-five hundred two of the\ninternal revenue code, shall be included within the meaning of\nregistered or certified mail as used in subdivision one of this section.\nIf the commissioner finds that any equivalent of registered or certified\nmail designated by such secretary or the commissioner is inadequate for\nthe needs of the state, the commissioner may withdraw such designation\nfor purposes of this article.\n