280-RICR-20-00-7
280-RICR-20-00-7. Filing Deadlines: Weekends, Holidays and Mailings (version Technical Revision, 10/03/2017 to 01/04/2022)
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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 Title 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.