26 USC 7502 - Timely mailing treated as timely filing and paying

U.S Code last checked for updates: May 17, 2024

§ 7502.

Timely mailing treated as timely filing and paying

(a)

General rule

(1)

Date of delivery

(2)

Mailing requirements

This subsection shall apply only if—

(A)

the postmark date falls within the prescribed period or on or before the prescribed date—

(i)

for the filing (including any extension granted for such filing) of the return, claim, statement, or other document, or

(ii)

for making the payment (including any extension granted for making such payment), and

(B)

the return, claim, statement, or other document, or payment was, within the time prescribed in subparagraph (A), deposited in the mail in the United States in an envelope or other appropriate wrapper, postage prepaid, properly addressed to the agency, officer, or office with which the return, claim, statement, or other document is required to be filed, or to which such payment is required to be made.

(b)

Postmarks

(c)

Registered and certified mailing; electronic filing

(1)

Registered mail

For purposes of this section, if any return, claim, statement, or other document, or payment, is sent by United States registered mail—

(A)

such registration shall be prima facie evidence that the return, claim, statement, or other document was delivered to the agency, officer, or office to which addressed; and

(B)

the date of registration shall be deemed the postmark date.

(2)

Certified mail; electronic filing

(d)

Exceptions

This section shall not apply with respect to—

(1)

the filing of a document in, or the making of a payment to, any court other than the Tax Court,

(2)

currency or other medium of payment unless actually received and accounted for, or

(3)

returns, claims, statements, or other documents, or payments, which are required under any provision of the internal revenue laws or the regulations thereunder to be delivered by any method other than by mailing.

(e)

Mailing of deposits

(1)

Date of deposit

(2)

Mailing requirements

Paragraph (1) shall apply only if the person required to make the deposit establishes that—

(A)

the date of mailing falls on or before the second day before the prescribed date for making the deposit (including any extension of time granted for making such deposit), and

(B)

the deposit was, on or before such second day, mailed in the United States in an envelope or other appropriate wrapper, postage prepaid, properly addressed to the bank, trust company, domestic building and loan association, or credit union authorized to receive such deposit.

In applying subsection (c) for purposes of this subsection, the term “payment” includes “deposit”, and the reference to the postmark date refers to the date of mailing.

(3)

No application to certain deposits

(f)

Treatment of private delivery services

(1)

In general

(2)

Designated delivery service

For purposes of this subsection, the term “designated delivery service” means any delivery service provided by a trade or business if such service is designated by the Secretary for purposes of this section. The Secretary may designate a delivery service under the preceding sentence only if the Secretary determines that such service—

(A)

is available to the general public,

(B)

is at least as timely and reliable on a regular basis as the United States mail,

(C)

records electronically to its data base, kept in the regular course of its business, or marks on the cover in which any item referred to in this section is to be delivered, the date on which such item was given to such trade or business for delivery, and

(D)

meets such other criteria as the Secretary may prescribe.

(3)

Equivalents of registered and certified mail

(Aug. 16, 1954, ch. 736, 68A Stat. 895; Pub. L. 85–866, title I, § 89(a), Sept. 2, 1958, 72 Stat. 1665; Pub. L. 89–713, § 5(a), Nov. 2, 1966, 80 Stat. 1110; Pub. L. 90–364, title I, § 106(a), June 28, 1968, 82 Stat. 266; Pub. L. 94–455, title XIX, §§ 1906(a)(49), (b)(13)(A), Oct. 4, 1976, 90 Stat. 1831, 1834; Pub. L. 95–147, § 3(b), Oct. 28, 1977, 91 Stat. 1228; Pub. L. 98–369, div. A, title I, § 157(a), July 18, 1984, 98 Stat. 695; Pub. L. 99–514, title XVIII, § 1811(e), Oct. 22, 1986, 100 Stat. 2833; Pub. L. 104–168, title XII, § 1210, July 30, 1996, 110 Stat. 1474; Pub. L. 105–206, title II, § 2003(b), July 22, 1998, 112 Stat. 725.)

cite as: 26 USC 7502