[Federal Register Volume 66, Number 8 (Thursday, January 11, 2001)]
[Rules and Regulations]
[Pages 2257-2261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-130]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 301

[TD 8932]
RIN 1545-AW81


Timely Mailing Treated as Timely Filing/Electronic Postmark

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Final regulations; and removal of temporary regulations.

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SUMMARY: This document contains regulations relating to timely mailing 
treated as timely filing and paying under section 7502 of the Internal 
Revenue Code. The regulations generally reflect changes to the law made 
since 1960. In addition, the regulations provide that the date of an 
electronic postmark will be the filing date under certain 
circumstances. The regulations affect taxpayers who file documents or 
make payments or deposits.

DATES: Effective Date: These regulations are effective January 11, 
2001.
    Applicability Date: For dates of applicability, see Secs. 301.7502-
1(g) and 301.7502-2(e).

FOR FURTHER INFORMATION CONTACT: Charles A. Hall, (202) 622-4940 (not a 
toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    This document contains amendments to the Regulations on Procedure 
and Administration (26 CFR part 301) under section 7502 relating to 
timely mailing treated as timely filing and paying. A notice of 
proposed rulemaking (REG-115433-98) was published in the Federal 
Register (64 FR 2606) on January 15, 1999. Temporary regulations (TD 
8807) relating to electronic postmarks for electronically filed income 
tax returns were published in the Federal Register for the same day (64 
FR 2568). No public hearing was requested or held. No comments were 
received from the public in response to the notice of proposed 
rulemaking. The proposed regulations under section

[[Page 2258]]

7502 are adopted as revised by this Treasury decision and the 
corresponding temporary regulations are removed. The revisions are 
discussed below.

Explanation of Revisions

    In the notice of proposed rulemaking, the IRS and the Treasury 
Department requested comments regarding whether section 7502 should 
apply to claims for credit or refund made on late filed original income 
tax returns. No comments were received on this issue. However, the IRS 
and the Treasury Department have determined that, in certain 
situations, a claim for credit or refund made on a late filed original 
income tax return should be treated under section 7502 as timely filed 
on the postmark date for purposes of section 6511(b)(2)(A). This is 
consistent with the opinion of the United States Court of Appeals for 
the Second Circuit in Weisbart v. United States Department of Treasury 
and Internal Revenue Service, 222 F.3d 93 (2d Cir. 2000), rev'g 99-1 
USTC (CCH) para. 50,549 (E.D.N.Y. 1999), AOD-CC-2000-09 (Nov. 13, 
2000).
    The IRS and the Treasury Department have further determined that 
claims for credit or refund made on late filed original tax returns 
other than income tax returns should also be treated under section 7502 
as timely filed on the postmark date for purposes of section 
6511(b)(2)(A). This would include returns such as Form 720, Quarterly 
Federal Excise Tax Return, and Form 706, U.S. Estate Tax Return. 
Moreover, the IRS and the Treasury Department have determined that the 
late filed original tax return, as well as the claim for credit or 
refund, should also be treated as filed on the postmark date. These 
changes, which are reflected in Sec. 301.7502-1(f), will assist 
taxpayers in filing timely claims for credit or refund, and will be 
applied retroactively to certain previously disallowed claims for 
credit or refund.
    These changes are effective for any claim for credit or refund on a 
late filed tax return described in Sec. 301.7502-1(f)(1) except for 
those claims for credit or refund which (without regard to paragraph 
(f) of this section) were barred by the operation of section 6532(a) or 
any other law or rule of law (including res judicata) as of January 11, 
2001. See Sec. 301.7502-1(g)(2), which provides the effective date 
rules for Sec. 301.7502-1(f).
    Consistent with the effective date rules for Sec. 301.7502-1(f), 
the IRS will attempt to identify as many claims as possible that were 
filed on untimely original individual income tax returns and that were 
previously disallowed based on the Government's position in Weisbart. 
In these cases, the IRS intends to issue a refund, or credit the 
overpayment against a liability as provided in section 6402, without 
the need for the taxpayer to contact the IRS. Such automatic 
reconsideration of the claim will generally occur if the claim was 
filed on an individual income tax return for 1995 or a subsequent 
calendar year. Claims filed on other types of original returns will not 
receive automatic reconsideration under this program, e.g., individual 
returns for years prior to 1995.
    Because the IRS will be undertaking the automatic reconsideration 
program described above and intends to complete the program by June 30, 
2001, taxpayers who have filed income tax refund claims for tax year 
1995 and later years that qualify under Sec. 301.7502-1(f) need not 
contact the IRS regarding their claims unless the two-year period for 
filing a refund suit under section 6532(a) for their denied claim will 
expire prior to June 30, 2001. In such cases, taxpayers are advised to 
file a request for reconsideration with the appropriate IRS Service 
Center. Such a request should include a notation on the top of the 
first page that it is a ``Weisbart Claim.'' Such taxpayers are also 
advised to file a refund suit to protect their legal rights with 
respect to the claim. The IRS will respond to the requests for 
reconsideration after the IRS has finished identifying eligible claims 
under the automatic reconsideration program and paying those refunds. 
Taxpayers whose two-year period for filing a refund suit under section 
6532(a) does not expire until after June 30, 2001, and who have not 
received a refund by that date, are advised to file a request for 
reconsideration with the appropriate IRS Service Center at that time.

Special Analyses

    It has been determined that this Treasury decision is not a 
significant regulatory action as defined in Executive Order 12866. 
Therefore, a regulatory assessment is not required. It also has been 
determined that section 553(b) of the Administrative Procedure Act (5 
U.S.C. chapter 5) does not apply to these regulations, and because 
these regulations do not impose a collection of information on small 
entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not 
apply. Pursuant to section 7805(f) of the Internal Revenue Code, the 
notice of proposed rulemaking preceding these regulations was submitted 
to the Chief Counsel for Advocacy of the Small Business Administration 
for comment on its impact on small business.

Drafting Information

    The principal author of these regulations is Charles A. Hall of the 
Office of Associate Chief Counsel, Procedure and Administration 
(Administrative Provisions and Judicial Practice Division). However, 
other personnel from the IRS and Treasury Department participated in 
their development.

List of Subjects in 26 CFR Part 301

    Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income 
taxes, Penalties, Reporting and recordkeeping requirements.

Adoption of Amendments to the Regulations

    Accordingly, 26 CFR part 301 is amended as follows:

PART 301--PROCEDURE AND ADMINISTRATION

    Paragraph 1. The authority citation for part 301 is amended by 
adding entries in numerical order to read as follows:

    Authority: 26 U.S.C. 7805 * * *

Section 301.7502-1 also issued under 26 U.S.C. 7502.
Section 301.7502-2 also issued under 26 U.S.C. 7502.

* * * * *

    Par. 2. Section 301.7502-1 is revised to read as follows:


Sec. 301.7502-1  Timely mailing of documents and payments treated as 
timely filing and paying.

    (a) General rule. Section 7502 provides that, if the requirements 
of that section are met, a document or payment is deemed to be filed or 
paid on the date of the postmark stamped on the envelope or other 
appropriate wrapper (envelope) in which the document or payment was 
mailed. Thus, if the envelope that contains the document or payment has 
a timely postmark, the document or payment is considered timely filed 
or paid even if it is received after the last date, or the last day of 
the period, prescribed for filing the document or making the payment. 
Section 7502 does not apply in determining whether a failure to file a 
return or pay a tax has continued for an additional month or fraction 
thereof for purposes of computing the penalties and additions to tax 
imposed by section 6651. Except as provided in section 7502(e) and 
Sec. 301.7502-2, relating to the timely mailing of deposits, and 
paragraph (d) of this section, relating to

[[Page 2259]]

electronically filed documents, section 7502 is applicable only to 
those documents or payments as defined in paragraph (b) of this section 
and only if the document or payment is mailed in accordance with 
paragraph (c) of this section and is delivered in accordance with 
paragraph (e) of this section.
    (b) Definitions--(1) Document defined. (i) The term document, as 
used in this section, means any return, claim, statement, or other 
document required to be filed within a prescribed period or on or 
before a prescribed date under authority of any provision of the 
internal revenue laws, except as provided in paragraph (b)(1)(ii), 
(iii), or (iv) of this section.
    (ii) The term does not include returns, claims, statements, or 
other documents that are required under any provision of the internal 
revenue laws or the regulations thereunder to be delivered by any 
method other than mailing.
    (iii) The term does not include any document filed in any court 
other than the Tax Court, but the term does include any document filed 
with the Tax Court, including a petition and a notice of appeal of a 
decision of the Tax Court.
    (iv) The term does not include any document that is mailed to an 
authorized financial institution under section 6302. However, see 
Sec. 301.7502-2 for special rules relating to the timeliness of 
deposits and documents required to be filed with deposits.
    (2) Claims for refund. In the case of certain taxes, a return may 
constitute a claim for credit or refund. In such a case, section 7502 
is applicable to the claim for credit or refund if the conditions of 
such section are met, irrespective of whether the claim is also a 
return. For rules regarding claims for refund on late filed tax 
returns, see paragraph (f) of this section.
    (3) Payment defined. (i) The term payment, as used in this section, 
means any payment required to be made within a prescribed period or on 
or before a prescribed date under the authority of any provision of the 
internal revenue laws, except as provided in paragraph (b)(3)(ii), 
(iii), (iv), or (v) of this section.
    (ii) The term does not include any payment that is required under 
any provision of the internal revenue laws or the regulations 
thereunder to be delivered by any method other than mailing. See, for 
example, section 6302(h) and the regulations thereunder regarding 
electronic funds transfer.
    (iii) The term does not include any payment, whether it is made in 
the form of currency or other medium of payment, unless it is actually 
received and accounted for. For example, if a check is used as the form 
of payment, this section does not apply unless the check is honored 
upon presentation.
    (iv) The term does not include any payment to any court other than 
the Tax Court.
    (v) The term does not include any deposit that is required to be 
made with an authorized financial institution under section 6302. 
However, see Sec. 301.7502-2 for rules relating to the timeliness of 
deposits.
    (4) Last date or last day prescribed. As used in this section, the 
term the last date, or the last day of the period, prescribed for 
filing the document or making the payment includes any extension of 
time granted for that action. When the last date, or the last day of 
the period, prescribed for filing the document or making the payment 
falls on a Saturday, Sunday or legal holiday, section 7503 applies. 
Therefore, in applying the rules of this paragraph (b)(4), the next 
succeeding day that is not a Saturday, Sunday, or legal holiday is 
treated as the last date, or the last day of the period, prescribed for 
filing the document or making the payment. Also, when the last date, or 
the last day of the period, prescribed for filing the document or 
making the payment falls within a period disregarded under section 7508 
or section 7508A, the next succeeding day after the expiration of the 
section 7508 period or section 7508A period that is not a Saturday, 
Sunday, or legal holiday is treated as the last date, or the last day 
of the period, prescribed for filing the document or making the 
payment.
    (c) Mailing requirements--(1) In general. Section 7502 does not 
apply unless the document or payment is mailed in accordance with the 
following requirements:
    (i) Envelope and address. The document or payment must be contained 
in an envelope, properly addressed to the agency, officer, or office 
with which the document is required to be filed or to which the payment 
is required to be made.
    (ii) Timely deposited in U.S. mail. The document or payment must be 
deposited within the prescribed time in the mail in the United States 
with sufficient postage prepaid. For this purpose, a document or 
payment is deposited in the mail in the United States when it is 
deposited with the domestic mail service of the U.S. Postal Service. 
The domestic mail service of the U.S. Postal Service, as defined by the 
Domestic Mail Manual as incorporated by reference in the postal 
regulations, includes mail transmitted within, among, and between the 
United States of America, its territories and possessions, and Army 
post offices (APO), fleet post offices (FPO), and the United Nations, 
NY. (See Domestic Mail Manual, section G011.2.1, as incorporated by 
reference in 39 CFR 111.1.) Section 7502 does not apply to any document 
or payment that is deposited with the mail service of any other 
country.
    (iii) Postmark--(A) U.S. Postal Service postmark. If the postmark 
on the envelope is made by the U.S. Postal Service, the postmark must 
bear a date on or before the last date, or the last day of the period, 
prescribed for filing the document or making the payment. If the 
postmark does not bear a date on or before the last date, or the last 
day of the period, prescribed for filing the document or making the 
payment, the document or payment is considered not to be timely filed 
or paid, regardless of when the document or payment is deposited in the 
mail. Accordingly, the sender who relies upon the applicability of 
section 7502 assumes the risk that the postmark will bear a date on or 
before the last date, or the last day of the period, prescribed for 
filing the document or making the payment. See, however, paragraph 
(c)(2) of this section with respect to the use of registered mail or 
certified mail to avoid this risk. If the postmark on the envelope is 
made by the U.S. Postal Service but is not legible, the person who is 
required to file the document or make the payment has the burden of 
proving the date that the postmark was made. Furthermore, if the 
envelope that contains a document or payment has a timely postmark made 
by the U.S. Postal Service, but it is received after the time when a 
document or payment postmarked and mailed at that time would ordinarily 
be received, the sender may be required to prove that it was timely 
mailed.
    (B) Postmark made by other than U.S. Postal Service--(1) In 
general. If the postmark on the envelope is made other than by the U.S. 
Postal Service--
    (i) The postmark so made must bear a legible date on or before the 
last date, or the last day of the period, prescribed for filing the 
document or making the payment; and
    (ii) The document or payment must be received by the agency, 
officer, or office with which it is required to be filed not later than 
the time when a document or payment contained in an envelope that is 
properly addressed, mailed, and sent by the same class of mail would 
ordinarily be received if it were postmarked at the same point of 
origin by the U.S. Postal Service on the last date, or the last day of 
the period, prescribed for filing the document or making the payment.

[[Page 2260]]

    (2) Document or payment received late. If a document or payment 
described in paragraph (c)(1)(iii)(B)(1) is received after the time 
when a document or payment so mailed and so postmarked by the U.S. 
Postal Service would ordinarily be received, the document or payment is 
treated as having been received at the time when a document or payment 
so mailed and so postmarked would ordinarily be received if the person 
who is required to file the document or make the payment establishes--
    (i) That it was actually deposited in the U.S. mail before the last 
collection of mail from the place of deposit that was postmarked 
(except for the metered mail) by the U.S. Postal Service on or before 
the last date, or the last day of the period, prescribed for filing the 
document or making the payment;
    (ii) That the delay in receiving the document or payment was due to 
a delay in the transmission of the U.S. mail; and
    (iii) The cause of the delay.
    (3) U.S. and non-U.S. postmarks. If the envelope has a postmark 
made by the U.S. Postal Service in addition to a postmark not so made, 
the postmark that was not made by the U.S. Postal Service is 
disregarded, and whether the envelope was mailed in accordance with 
this paragraph (c)(1)(iii)(B) will be determined solely by applying the 
rule of paragraph (c)(1)(iii)(A) of this section.
    (2) Registered or certified mail. If the document or payment is 
sent by U.S. registered mail, the date of registration of the document 
or payment is treated as the postmark date. If the document or payment 
is sent by U.S. certified mail and the sender's receipt is postmarked 
by the postal employee to whom the document or payment is presented, 
the date of the U.S. postmark on the receipt is treated as the postmark 
date of the document or payment. Accordingly, the risk that the 
document or payment will not be postmarked on the day that it is 
deposited in the mail may be eliminated by the use of registered or 
certified mail.
    (d) Electronically filed documents--(1) In general. A document 
filed electronically with an electronic return transmitter (as defined 
in paragraph (d)(3)(i) of this section and authorized pursuant to 
paragraph (d)(2) of this section) in the manner and time prescribed by 
the Commissioner is deemed to be filed on the date of the electronic 
postmark (as defined in paragraph (d)(3)(ii) of this section) given by 
the authorized electronic return transmitter. Thus, if the electronic 
postmark is timely, the document is considered filed timely although it 
is received by the agency, officer, or office after the last date, or 
the last day of the period, prescribed for filing such document.
    (2) Authorized electronic return transmitters. The Commissioner may 
enter into an agreement with an electronic return transmitter or 
prescribe in forms, instructions, or other appropriate guidance the 
procedures under which the electronic return transmitter is authorized 
to provide taxpayers with an electronic postmark to acknowledge the 
date and time that the electronic return transmitter received the 
electronically filed document.
    (3) Definitions--(i) Electronic return transmitter. For purposes of 
this paragraph (d), the term electronic return transmitter has the same 
meaning as contained in section 3.01(4) of Rev. Proc. 2000-31 (2000-31 
I.R.B. 146 (July 31, 2000))(see Sec. 601.601(d)(2) of this chapter) or 
in procedures prescribed by the Commissioner.
    (ii) Electronic postmark. For purposes of this paragraph (d), the 
term electronic postmark means a record of the date and time (in a 
particular time zone) that an authorized electronic return transmitter 
receives the transmission of a taxpayer's electronically filed document 
on its host system. However, if the taxpayer and the electronic return 
transmitter are located in different time zones, it is the taxpayer's 
time zone that controls the timeliness of the electronically filed 
document.
    (e) Delivery--(1) Except as provided in section 7502(f) and 
paragraph (d) of this section, section 7502 is not applicable unless 
the document or payment is delivered by U.S. mail to the agency, 
officer, or office with which the document is required to be filed or 
to which payment is required to be made. However, in the case of a 
document (but not a payment) sent by registered or certified mail, 
proof that the document was properly registered or that a postmarked 
certified mail sender's receipt was properly issued and that the 
envelope was properly addressed to the agency, officer, or office 
constitutes prima facie evidence that the document was delivered to the 
agency, officer, or office.
    (2) Section 7502 is applicable to the determination of whether a 
claim for credit or refund is timely filed for purposes of section 
6511(a), assuming all the requirements of section 7502 are satisfied. 
Section 7502 is also applicable when a claim for credit or refund is 
delivered after the last day of the period specified in section 
6511(b)(2)(A) or in any other corresponding provision of law relating 
to the limit on the amount of credit or refund that is allowable.
    (3) Example. The rules of paragraph (e)(2) of this section are 
illustrated by the following example:

    Example. (i) Taxpayer A, an individual, mailed his 1998 Form 
1040, ``U.S. Individual Income Tax Return,'' on May 10, 1999, but no 
tax was paid at that time because the tax liability disclosed by the 
return had been completely satisfied by the income tax that had been 
withheld on A's wages. On April 15, 2002, A mails in accordance with 
the requirements of this section, a Form 1040X, ``U.S. Amended 
Individual Income Tax Return,'' claiming a refund of a portion of 
the tax that had been paid through withholding during 1998. The date 
of the postmark on the envelope containing the claim for refund is 
April 15, 2002. The claim is received by the Internal Revenue 
Service (IRS) on April 18, 2002.
    (ii) Under section 6511(a), A's claim for refund is timely if 
filed within three years from May 10, 1999, the date on which A's 
1998 return was filed. However, as a result of the limitations of 
section 6511(b)(2)(A), if his claim is not filed within three years 
after April 15, 1999, the date on which he is deemed under section 
6513 to have paid his 1998 tax, he is not entitled to any refund. 
Thus, because A's claim for refund is postmarked and mailed in 
accordance with the requirements of this section and is delivered 
after the last day of the period specified in section 6511(b)(2)(A), 
section 7502 is applicable and the claim is deemed to have been 
filed on April 15, 2002.

    (f) Claim for credit or refund on late filed tax return--(1) In 
general. Generally, an original income tax return may constitute a 
claim for credit or refund of income tax. See Sec. 301.6402-3(a)(5). 
Other original tax returns can also be considered claims for credit or 
refund if the liability disclosed on the return is less than the amount 
of tax that has been paid. If section 7502 would not apply to a return 
(but for the operation of paragraph (f)(2) of this section) that is 
also considered a claim for credit or refund because the envelope that 
contains the return does not have a postmark dated on or before the due 
date of the return, section 7502 will apply separately to the claim for 
credit or refund if--
    (i) The date of the postmark on the envelope is within the period 
that is three years (plus the period of any extension of time to file) 
from the day the tax is paid or considered paid (see section 6513), and 
the claim for credit or refund is delivered after this three-year 
period; and
    (ii) The conditions of section 7502 are otherwise met.
    (2) Filing date of late filed return. If the conditions of 
paragraph (f)(1) of this section are met, the late filed return will be 
deemed filed on the postmark date.
    (3) Example. The rules of this paragraph (f) are illustrated by the 
following example:


[[Page 2261]]


    Example. (i) Taxpayer A, an individual, mailed his 2001 Form 
1040, ``U.S. Individual Income Tax Return,'' on April 15, 2005, 
claiming a refund of amounts paid through withholding during 2001. 
The date of the postmark on the envelope containing the return and 
claim for refund is April 15, 2005. The return and claim for refund 
are received by the Internal Revenue Service (IRS) on April 18, 
2005. Amounts withheld in 2001 exceeded A's tax liability for 2001 
and are treated as paid on April 15, 2002, pursuant to section 6513.
    (ii) Even though the date of the postmark on the envelope is 
after the due date of the return, the claim for refund and the late 
filed return are treated as filed on the postmark date for purposes 
of this paragraph (f). Accordingly, the return will be treated as 
filed on April 15, 2005. In addition, the claim for refund will be 
treated as timely filed on April 15, 2005. Further, the entire 
amount of the refund attributable to withholding is allowable as a 
refund under section 6511(b)(2)(A).

    (g) Effective date--(1) In general. Except as provided in 
paragraphs (g)(2) and (3) of this section, the rules of this section 
apply to any payment or document mailed and delivered in accordance 
with the requirements of this section in an envelope bearing a postmark 
dated after January 11, 2001.
    (2) Claim for credit or refund on late filed tax return. Paragraph 
(f) of this section applies to any claim for credit or refund on a late 
filed tax return described in paragraph (f)(1) of this section except 
for those claims for credit or refund which (without regard to 
paragraph (f) of this section) were barred by the operation of section 
6532(a) or any other law or rule of law (including res judicata) as of 
January 11, 2001.
    (3) Electronically filed documents. This section applies to any 
electronically filed return, claim, statement, or other document 
transmitted to an electronic return transmitter that is authorized to 
provide an electronic postmark pursuant to paragraph (d)(2) of this 
section after January 11, 2001.


Sec. 301.7502-1T  [Removed]

    Par. 3. Section 301.7502-1T is removed.
    Par. 4. Section 301.7502-2 is added to read as follows:


Sec. 301.7502-2  Timely mailing of deposits.

    (a) General rule--(1) Two day rule. Section 7502(e) provides that, 
if the requirements of that section are met, a deposit is deemed to be 
received on the date the deposit was mailed even though it is received 
after the date prescribed for making the deposit. The requirements of 
the section are met if the person required to make the deposit 
establishes that the date of mailing was on or before the second day 
preceding the date prescribed for making the deposit. If the date of 
mailing was not established to be on or before the second day preceding 
the date prescribed for making the deposit, the deposit will not be 
considered timely received unless it is actually received on or before 
the date prescribed for making the deposit. Section 7502(e) only 
applies to a deposit mailed to the financial institution authorized to 
receive that deposit. Thus, section 7502(e) does not apply to any 
remittance mailed to an internal revenue service center.
    (2) Deposits of $20,000 or more. Paragraph (a)(1) of this section 
does not apply with respect to any deposit of $20,000 or more by any 
person required to deposit any tax more than once a month. Any such 
deposit must be made by the due date for such deposit, regardless of 
the method of delivery.
    (b) Deposit defined. The term deposit, as used in this section, 
means any deposit of tax required to be made on or before a prescribed 
date at an authorized financial institution pursuant to regulations 
prescribed under section 6302.
    (c) Mailing requirements--(1) In general. Section 7502(e) does not 
apply unless the deposit is mailed in accordance with the requirements 
of paragraph (c)(2) of this section.
    (2) Requirements. The date of mailing must fall on or before the 
second day preceding the prescribed date for making a deposit 
(including any extension of time granted for making the deposit). For 
example, if a deposit is due on or before January 15, the date of 
mailing must fall on or before January 13. The deposit must be 
contained in an envelope or other appropriate wrapper approved for use 
in the mails by the U.S. Postal Service, properly addressed to the 
financial institution authorized to receive the deposit. The deposit 
must be deposited with sufficient postage prepaid in the mail in the 
United States within the meaning of Sec. 301.7502-1 on or before the 
second day preceding the prescribed date for making a deposit.
    (3) Registered and certified mail. The provisions of Sec. 301.7502-
1(c)(2) apply to a deposit sent by U.S. registered mail or U.S. 
certified mail as if the deposit were a payment, except that the date 
of registration or the date of the postmark on the sender's receipt is 
considered the date of mailing of such deposit.
    (d) Delivery. Section 7502(e) does not apply unless a deposit is 
actually delivered by U.S. mail to the authorized financial institution 
with which the deposit is required to be made and is accepted by that 
financial institution. For rules relating to the acceptance of deposits 
by authorized financial institutions see 31 CFR 203.18. The fact that a 
deposit is sent by U.S. registered or U.S. certified mail does not 
constitute prima facie evidence that the deposit was delivered to the 
financial institution authorized to receive the deposit. Section 
7502(e) does not apply unless the deposit is delivered after the date 
prescribed for making the deposit.
    (e) Effective date. This section applies to all deposits required 
to be made after January 11, 2001.

Robert E. Wenzel,
Deputy Commissioner of Internal Revenue.
    Approved: December 21, 2000.
Jonathan Talisman,
Acting Assistant Secretary of the Treasury.
[FR Doc. 01-130 Filed 1-10-01; 8:45 am]
BILLING CODE 4830-01-U