What Is the 183-Day Rule?

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What Is the 183-Day Rule?

Let me explain the 183-day rule to you directly: it's a threshold that most countries use to decide if you're a resident for tax purposes. This number comes up a lot in taxes because it means you've spent more than half the year in that place.

How the U.S. Handles It

In the U.S., the IRS has a formula for figuring out if non-citizens or non-permanent residents count as residents for taxes. They call it the 'substantial presence test,' and it looks at whether you've been in the U.S. for 183 days, but it's based on a calculation that includes your time here in the current year plus the two years before.

Key Takeaways

Here's what you need to know: the 183-day rule is a standard way countries check tax residency. Usually, if you're physically in a country for 183 days or more in a year, you're a tax resident there. But the IRS makes it more complex by factoring in the current year and parts of the two previous years. The U.S. also has tax treaties with other countries to sort out who you owe taxes to and what exemptions you might get. If you're a U.S. citizen or resident, you can exclude up to $126,500 of foreign-earned income in 2024 if you pass the physical presence test and paid taxes abroad.

Understanding the 183-Day Rule

Many countries use the 183-day mark because it's over half a year, so it makes sense for taxing you as a resident. Think of places like Canada, Australia, and the UK—if you spend 183 days or more there in a year, you're likely a tax resident. Each country has its own twists, like whether they count the arrival day or use a calendar versus fiscal year. Some places, like Switzerland, have even lower thresholds, such as 90 days, to trigger residency.

The IRS and the 183-Day Rule

The IRS's substantial presence test is more involved. To pass it and be subject to U.S. taxes, you need to have been here at least 31 days in the current year and total 183 days over three years—the current year and the two before. But it's not a straight count; you add all days from this year, one-third from last year, and one-sixth from the year before that.

Other IRS Terms and Conditions

The IRS counts a day if you were in the U.S. for any part of it, with some exceptions. Days that don't count include regular commutes from Canada or Mexico for work, less than 24 hours in transit, time as a foreign vessel crew member, days stuck due to a medical issue that started here, or if you're exempt like certain visa holders, teachers, students, or athletes competing for charity.

U.S. Citizens and Resident Aliens

For U.S. citizens and permanent residents, the 183-day rule doesn't directly apply—you have to file taxes no matter where you live or earn. But you can exclude part of your foreign income, up to $126,500 in 2024, if you meet a physical presence test by being in a foreign country for 330 full days in 12 consecutive months and paid taxes there. Important note: if you're living abroad in violation of U.S. law, your income won't qualify as foreign-earned for exclusion.

U.S. Tax Treaties and Double Taxation

The U.S. has treaties with other countries to figure out tax jurisdiction and avoid you paying twice. These deals include ways to resolve if two places claim you as a resident.

How Many Days Can You Be in the U.S. Without Paying Taxes?

The IRS sees you as a U.S. resident for taxes if you're here at least 31 days this year and 183 days over three years, counting all current days, one-third from last year, and one-sixth from two years ago.

How Long Do You Have to Live in a State Before You’re Considered a Resident?

Many states use the 183-day rule for their taxes, but what counts as a day differs. In New York, for example, any time spent there counts, even if you're just working and live elsewhere, like New Jersey—you might still owe New York taxes. Some states have agreements so you only pay in your home state. Check the rules for each state you spend time in to know your obligations.

How Do I Calculate the 183-Day Rule?

In most countries, it's simple: 183 days or more makes you a tax resident. For the U.S., you're a resident if you're here 31 days this year and hit 183 days over three years—all current days, plus one-third from last year, plus one-sixth from the year before.

The Bottom Line

The 183-day rule is a standard test for tax residency worldwide, where 183 days or more usually means you're taxed as a resident. In the U.S., the substantial presence test is trickier, factoring in current and prior years with fractions. States often use a similar 183-day rule too. To sort out your taxes, look at federal rules, state laws, and international treaties.

What Is the 183-Day Rule?

Highlights