[Code of Federal Regulations]
[Title 26, Volume 18]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR301.7502-2]

[Page 548-549]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
                          Judicial Proceedings
 
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

[[Page 549]]

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.

[T.D. 8932, 66 FR 2261, Jan. 11, 2001]