183-Day Rule Checker
Clear
183 days below the 183-day threshold
Days counted
0
0 days is comfortably under the 183-day statutory threshold. The day-count test alone would not make you a statutory resident here at this pace, though domicile and other facts-and-circumstances tests can still apply independently.
New York's actual test
Tax Law §605(b)(1)(B): a person not domiciled in New York is still taxed as a statutory resident on worldwide income if they (1) maintain a permanent place of abode in New York for substantially all of the taxable year and (2) spend more than 183 days of the taxable year in New York. Both prongs must be met; exactly 183 days does not trigger the test.
Any part of a day
Yes. Under 20 NYCRR 105.20, presence in New York for any part of a calendar day counts as a full day, including a layover, a lunch meeting, or landing after midnight. Narrow exceptions exist for people in New York solely for medical treatment or solely passing through en route to somewhere outside the state, but there is no general travel-through carve-out.
Presumptions
There is no separate day-count presumption beyond the two-prong statutory test itself. Since 2022, Tax Department audit guidelines define 'substantially all of the taxable year' for the permanent-place-of-abode prong as a period exceeding 10 months (previously 11 months), which makes it slightly easier for a part-year abode to fall outside the test.
General information based on published dossier research, not tax or legal advice. Consult a qualified advisor before relying on a day count for a filing position.