State Codes and Statutes

Statutes > New-york > Tax > Article-31 > 1419

§  1419.  Notices.  (a)  Any  notice  authorized or required under the  provisions of this article may be given  by  mailing  the  same  to  the  person  for whom it is intended in a postpaid envelope addressed to such  person at the address given in the last return filed by him pursuant  to  the  provisions  of  this article, in any application made by him, or in  any instrument evidencing the conveyance which is  the  subject  of  the  notice,  or,  if no return has been filed or application made or address  stated in the instrument, then to such address as may be  obtainable.  A  notice  of  determination  shall  be  mailed  promptly  by registered or  certified mail.   The  mailing  of  such  notice  shall  be  presumptive  evidence  of  the  receipt  of the same by the person to whom addressed.  Any period of time which is determined according to  the  provisions  of  this  title  by the giving of notice shall commence to run from the date  of mailing of such notice.    (b) (1) 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  commissioner  of  taxation  and  finance,  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  commissioner  of taxation and finance, 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  commissioner of  taxation and finance, bureau, office, officer or person to which  or  to  whom  addressed.  To  the  extent  that the commissioner of taxation and  finance 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  regulation  of  the  commissioner  of  taxation and finance.    (2)(A)    Any  reference  in  paragraph one of this subdivision 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  paragraph  one of this  subdivision  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 he  finds  that  a  delivery service so designated is inadequate for the needs of the state.  Any  reference in paragraph one of this subdivision to the United States  mail shall be treated as including a reference to any  delivery  servicedesignated  by  the  commissioner  and any reference in paragraph one of  this subdivision 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  designation  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  paragraph  one  of  this  subdivision.    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.    (c)  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.

State Codes and Statutes

Statutes > New-york > Tax > Article-31 > 1419

§  1419.  Notices.  (a)  Any  notice  authorized or required under the  provisions of this article may be given  by  mailing  the  same  to  the  person  for whom it is intended in a postpaid envelope addressed to such  person at the address given in the last return filed by him pursuant  to  the  provisions  of  this article, in any application made by him, or in  any instrument evidencing the conveyance which is  the  subject  of  the  notice,  or,  if no return has been filed or application made or address  stated in the instrument, then to such address as may be  obtainable.  A  notice  of  determination  shall  be  mailed  promptly  by registered or  certified mail.   The  mailing  of  such  notice  shall  be  presumptive  evidence  of  the  receipt  of the same by the person to whom addressed.  Any period of time which is determined according to  the  provisions  of  this  title  by the giving of notice shall commence to run from the date  of mailing of such notice.    (b) (1) 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  commissioner  of  taxation  and  finance,  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  commissioner  of taxation and finance, 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  commissioner of  taxation and finance, bureau, office, officer or person to which  or  to  whom  addressed.  To  the  extent  that the commissioner of taxation and  finance 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  regulation  of  the  commissioner  of  taxation and finance.    (2)(A)    Any  reference  in  paragraph one of this subdivision 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  paragraph  one of this  subdivision  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 he  finds  that  a  delivery service so designated is inadequate for the needs of the state.  Any  reference in paragraph one of this subdivision to the United States  mail shall be treated as including a reference to any  delivery  servicedesignated  by  the  commissioner  and any reference in paragraph one of  this subdivision 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  designation  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  paragraph  one  of  this  subdivision.    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.    (c)  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tax > Article-31 > 1419

§  1419.  Notices.  (a)  Any  notice  authorized or required under the  provisions of this article may be given  by  mailing  the  same  to  the  person  for whom it is intended in a postpaid envelope addressed to such  person at the address given in the last return filed by him pursuant  to  the  provisions  of  this article, in any application made by him, or in  any instrument evidencing the conveyance which is  the  subject  of  the  notice,  or,  if no return has been filed or application made or address  stated in the instrument, then to such address as may be  obtainable.  A  notice  of  determination  shall  be  mailed  promptly  by registered or  certified mail.   The  mailing  of  such  notice  shall  be  presumptive  evidence  of  the  receipt  of the same by the person to whom addressed.  Any period of time which is determined according to  the  provisions  of  this  title  by the giving of notice shall commence to run from the date  of mailing of such notice.    (b) (1) 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  commissioner  of  taxation  and  finance,  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  commissioner  of taxation and finance, 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  commissioner of  taxation and finance, bureau, office, officer or person to which  or  to  whom  addressed.  To  the  extent  that the commissioner of taxation and  finance 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  regulation  of  the  commissioner  of  taxation and finance.    (2)(A)    Any  reference  in  paragraph one of this subdivision 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  paragraph  one of this  subdivision  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 he  finds  that  a  delivery service so designated is inadequate for the needs of the state.  Any  reference in paragraph one of this subdivision to the United States  mail shall be treated as including a reference to any  delivery  servicedesignated  by  the  commissioner  and any reference in paragraph one of  this subdivision 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  designation  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  paragraph  one  of  this  subdivision.    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.    (c)  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.