Tax

New York: 184 days (statutory resident)

Under 184 days in New York State each calendar year

About This Rule

Counts your days in New York State each calendar year, the tax year for most people. If New York is not your domicile, you are still a resident for tax if you keep a permanent place of abode in the state for substantially all of the year and spend 184 days or more there; any part of a day is a day. If New York is your domicile, you are a resident unless you meet a narrow exception, such as the 30-day test for people who live elsewhere. This tracks the day count only and doesn't decide your residency.

Also Requires

  • A permanent place of abode in New York State for substantially all of the year

Sources

Reviewed September 30, 2026

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