Domicile Ledger
Guide · New York residency

New York's 183-day rule: how a day is counted

Updated . Not tax or legal advice.

If you keep a home in New York and spend 184 days or more there in a tax year, New York can tax you as a resident, even if your domicile is Florida. The day count is where most people get it wrong.

The rule in one line

You are a New York statutory resident if you keep a permanent place of abode in New York for substantially all of the year and you are in New York for more than 183 days. Since tax year 2022, "substantially all of the year" generally means more than 10 months (before that, 11 months). EY

How New York counts a day

Records that prove where you were

Auditors ask for proof for every day of the audit period. Third-party records carry more weight than a diary alone. Phone location records have become the most important source. Hodgson Russ

A worked example

DatesWhereNY days
Jan 1 – Mar 31Florida0
Mar 31 – Apr 20Flew to New York on Mar 3121
Jul 1 – Aug 31New York for the summer62
Oct 14 – Oct 20No records0 to 7

March 31 counts for both states. The 7 days with no records are 0 New York days in the best case and 7 in the worst case.

Questions people ask

Does a partial day count as a New York day?

Yes. For the statutory residency test, any part of a calendar day spent in New York counts as a full New York day. CBIZ

Is it 183 days or 184 days?

You fail the test at more than 183 days, which means 184 or more New York days in the tax year, together with a permanent place of abode kept for more than 10 months (tax year 2022 and later). EY

Do days I cannot prove count against me?

Yes. In a residency audit you must show where you were on each day, and undocumented days are treated as New York days. Hodgson Russ

Does flying out of JFK or LaGuardia count as a New York day?

Usually not, if you travel straight to the airport with no other stop in New York. Any other stop, even for food, makes it a New York day, and the exception is applied strictly. CBIZ