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State rules

Virginia residency day rule.

If you keep a place of abode in Virginia for more than 183 days of the year in total, you're a resident. The test looks at how long you keep the home, so track that as well as days present.

Summary as of October 2026 · Not tax advice

Day linemore than 183 + home
Type of testDay count with a home test
Home in the state requiredYes
LawVa. Code § 58.1-302
Official sourcewww.tax.virginia.gov

What it means

Statutory residency tests apply on top of domicile. You can be domiciled elsewhere and still be taxed as a resident if you meet the test.

Keep the record

Whatever the rule, the person claiming not to be a resident usually has to prove it. Log every day, including travel days, and keep the receipts, boarding passes and photos that back it up. What auditors ask for.

States with the same kind of test

Questions

How many days can I spend in Virginia without becoming a resident?

If you keep a place of abode in Virginia for more than 183 days of the year in total, you're a resident. The test looks at how long you keep the home, so track that as well as days present. Days alone aren't the whole story: domicile is a separate test.

Does a partial day in Virginia count?

Most states with a day test count any part of a day in the state. Check the state's guidance for its exceptions.

Count your days

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