Domicile Ledger
Guide ยท State rules

183-day residency rules by state: NY, NJ, CT, MA, MN, CA

Updated . Not tax or legal advice.

New York, New Jersey, Connecticut and Massachusetts can tax you as a resident even if your domicile is elsewhere, when you keep a home in the state and spend more than 183 days there. Minnesota uses at least 183 days. California has no day test; it presumes you are a resident if you spend more than nine months of the year there.

The rules side by side

StateResident without domicile ifHow a day countsSource
New YorkPermanent place of abode for more than 10 months of the year (tax year 2022+) and more than 183 days in the stateAny part of a day counts. Direct travel to a NY airport may not count, applied strictlyEY, CBIZ
New York CityPermanent place of abode in the city and more than 183 days in the city (a separate test from the state's)Same approach as the stateNY Tax Dept. advisory opinion
New JerseyPermanent home in New Jersey and more than 183 days in the stateNot stated in the bulletinNJ GIT-6 (May 2026)
ConnecticutPermanent place of abode in Connecticut and more than 183 days in the stateAny part of a day counts, except time spent only in transit to a place outside ConnecticutCT DRS SN 2000(17)
MassachusettsPermanent place of abode in Massachusetts and more than 183 days in the statePartial days count. Days on active military duty do notMass. DOR
MinnesotaAn abode in Minnesota (year-round, own kitchen and bath) and at least 183 days in the stateAny part of a day counts as a full dayMN Revenue
CaliforniaNo day test. A resident is anyone in the state for other than a temporary or transitory purpose; more than nine months in a year creates a presumption of residency that you can rebutNo fixed rule. See how the FTB decidesGreenberg Traurig, FTB workshop slides

Connecticut's notice dates from 2001; check with the Department of Revenue Services before relying on it. Each state also taxes people who are domiciled there, whatever their day count.

What the table means if you move to Florida

Questions people ask

Which states have a 183-day residency rule?

New York, New Jersey, Connecticut and Massachusetts treat you as a resident if you keep a home there and spend more than 183 days in the state; Minnesota uses at least 183 days with an abode. New York City has its own version for city residents.

Does California have a 183-day rule?

No. California asks whether you are in the state for other than a temporary or transitory purpose, and presumes you are a resident if you spend more than nine months of the year there. The presumption can be rebutted. Greenberg Traurig

Do partial days count toward 183 days?

In New York, Connecticut, Massachusetts and Minnesota, yes: any part of a day in the state counts as a day, with narrow travel exceptions in New York and Connecticut. New Jersey's bulletin does not say.