280-RICR-20-00-7
280-RICR-20-00-7. Filing Deadlines: Weekends, Holidays and Mailings (version Adoption, 10/03/2017 to 10/03/2017)
280-RICR-20-00-7
280 – DEPARTMENT OF REVENUE
CHAPTER 20 – DIVISION OF TAXATION
SUBCHAPTER 00 – GENERAL ADMINISTRATION
Part – 7 Filing Deadlines: Weekends, Holidays and Mailings
7.1
Purpose
The purpose of this regulation is to provide for additional time to file and pay Rhode
Island tax when a due date falls on a weekend or legal holiday.
7.2
Authority
This regulation is promulgated pursuant to R.I. Gen. Laws § 44-1-4. This regulation has
been prepared in accordance with the requirements of R.I. Gen. Laws §§ 42-35-1 et
seq. of the Rhode Island Administrative Procedures Act.
7.3
Application
This regulation shall be liberally construed so as to permit the Division of Taxation the
authority to effectuate the purpose of R.I. Gen. Laws Chapter 44.
7.4
Severability
If any provision of this regulation, or the application thereof to any person or
circumstances, is held invalid by a court of competent jurisdiction, the validity of the
remainder of this regulation shall not be affected thereby.
7.5
General
When the due date for filing any Rhode Island tax return or making a payment falls on a
Saturday, Sunday or Rhode Island legal holiday, the filing or payment is considered
timely if it is made on the next business day which is not a Saturday, Sunday or Rhode
Island legal holiday.
7.6
Special Federal Due Date – April 15th
A.
When the due date for filing any Rhode Island return for which there is a
corresponding Federal filing falls on a day not covered by the general provision
above and when that is a day for which the Internal Revenue Service has issued
a special extension for the filing of Federal returns, the Rhode Island due date is
likewise extended. This may occur when the Emancipation Day holiday in
Washington, D. C. and the April 15th deadline coincide.
B.
This section does not apply to payments required on notices of tax due under
Title 44 of the Rhode Island General Laws (including any interest and/or
penalties), to the limitation on claims for refund, or to the time within which the
taxpayer must file a request for hearing.
7.7
Mailing
A.
Proof of Timely Mailing: If a document is sent by United States mail and is
received by the Tax Administrator after the due date for filing, the date on which
the document was dated by the post office is deemed to be the date of receipt. It
is timely filed only if both of the following are true:
1.
The date falls within the time set for filing or the date falls on or before the
due date (including any extension); AND
2.
The document was deposited in the United States mail with postage
prepaid and properly addressed.
B.
If a document is delivered by a private delivery service whose services have
been deemed the equivalent of certified or registered mail by the Internal
Revenue Service and is received by the Tax Administrator after the due date for
filing, the date on which the document was dated by the private delivery service
is deemed to be the date of receipt.
C.
Registration or Certification as Proof
If a document is sent by United States mail, either registered or certified, or by a
private delivery service whose services have been deemed the equivalent of
certified or registered mail by the Internal Revenue Service, the registration or
certification is prima facie evidence that the document was delivered to the
Division of Taxation or person to whom the document was addressed.