State residency rules

Delaware residency rules for taxes

Delaware taxes residents on all income. You can be a resident by domicile, or by keeping a home in the state and spending enough days there.

Last reviewed July 2026

Delaware at a glance

State income tax
Yes
Residency tests
Domicile, or statutory residency
Day threshold
More than 183 days
Second condition
Permanent place of abode
How a day counts
Not specified; count conservatively
Taxed on
All income if a resident

You are a Delaware resident if you are domiciled in Delaware, or if you maintain a permanent place of abode in the state and spend more than 183 days there. Delaware offers a foreign-travel exception, roughly 495 days abroad, that can remove resident status.

The statutory residency test

Delaware treats a non-domiciliary as a resident when two things are true in the same year: you maintain a permanent place of abode in the state, and you spend more than 183 days there. Meet both and Delaware taxes you as a resident even if your true home is elsewhere. Delaware offers a foreign-travel exception, roughly 495 days abroad, that can remove resident status.

How days are counted

Delaware does not spell out how partial days are counted, so count conservatively and keep records. Days add up across every trip during the year, not just one stay.

In an audit the burden is on you to prove the days you were outside the state. A contemporaneous day-by-day log, backed by phone, card, and travel records, is the strongest defense.

Know your days before they cost you.

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Questions

Delaware residency FAQ

What triggers Delaware statutory residency?

Maintaining a permanent place of abode in Delaware and spending more than 183 days in the state during the year, even if you are domiciled elsewhere.

How does Delaware count a day?

Delaware does not spell out how partial days are counted, so count conservatively and keep records.

What income does Delaware tax for residents?

Residents are taxed on all income for the year.

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