State residency rules

Pennsylvania residency rules for taxes

Pennsylvania taxes residents on all income. A non-domiciliary can still be a statutory resident by keeping a home in the state and spending more than 183 full days there.

Last reviewed July 2026

Pennsylvania at a glance

State income tax
Yes (flat rate)
Residency tests
Domicile, or statutory residency
Day threshold
More than 183 days (184+ triggers)
Second condition
Permanent place of abode in Pennsylvania
How a day counts
Full days, midnight to midnight
Taxed on
All income if a resident

You are a Pennsylvania resident if you are domiciled there, or if you maintain a permanent place of abode in the state and spend more than 183 days (184 or more) in Pennsylvania. The 183-day rule applies only to people not domiciled in Pennsylvania.

The statutory residency test

A person domiciled outside Pennsylvania is still a resident for personal income tax if they have a permanent place of abode in the state and spend more than 183 days of the year there. An abode is a house, apartment, or other dwelling maintained for an indefinite period; one occupied only for a fixed, limited period for a particular purpose does not qualify, and neither do barracks or employer-provided quarters for a definite period.

How Pennsylvania counts a day

Pennsylvania counts days midnight to midnight, so a day generally means a full calendar day of presence in the state. That differs from the any-part-of-a-day rule used by many neighboring states, so count against Pennsylvania’s own standard. 184 days is the trigger.

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.

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Questions

Pennsylvania residency FAQ

What triggers Pennsylvania statutory residency?

Maintaining a permanent place of abode in Pennsylvania and spending more than 183 days (184 or more) in the state, if you are not domiciled there.

Does Pennsylvania count part of a day?

Pennsylvania counts days midnight to midnight, so it generally looks at full calendar days rather than any part of a day.

Who does the 183-day rule apply to?

Only to people not domiciled in Pennsylvania. Domiciliaries are residents regardless of day count.

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