Section 71. Mailing rules; holidays  


Latest version.
  • --(a)  Timely  mailing.--If any claim,
      statement, notice, petition, or other document (including to the  extent
      authorized  by the administrator, a return or a declaration of estimated
      tax) required to be filed within a prescribed period or on or  before  a
      prescribed  date  under authority of any provision of this local law is,
      after such period or such date, delivered by the United States  mail  to
      the  administrator, bureau, office, officer or person with which or with
      whom such document is required to be  filed,  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, determined with regard to any extension
      granted for such filing, and only if such document was deposited in  the
      mail,  postage prepaid, properly addressed to the administrator, bureau,
      office, officer or person with  which  or  with  whom  the  document  is
      required  to  be  filed.  If  any  document  is  sent  by  United States
      registered mail, such registration shall be prima  facie  evidence  that
      such  document  was  delivered  to  the  administrator,  bureau, office,
      officer or person to which or to whom addressed. To the extent that  the
      administrator  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 administrator.
        (b)  Last known address.--For purposes of this local law, a taxpayer's
      last known address shall be the address given in the last  return  filed
      by  him,  unless  subsequently to the filing of such return the taxpayer
      shall have notified the administrator of a change of address.
        (c) Last day a Saturday, Sunday or legal holiday.--When the  last  day
      prescribed under authority of this local law (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.