Tax residency rule, United States

Iowa Tax Residence

Summary

Iowa taxes you as a resident if your permanent home in law is Iowa, or if you maintain a permanent place of abode in the state. The day count is a presumption: if you keep a place of abode in Iowa and spend more than 183 days of the tax year there, Iowa presumes that it is a permanent place of abode, and so that you are a resident. You can argue against the presumption with facts. A resident pays Iowa tax on income from everywhere. The Iowa Department of Revenue decides.

Limit
183 days. Day 184 starts the presumption
Period
The tax year, for most people 1 January to 31 December
A day counts when
Not defined in the rule. Countr counts any part of a day
Second condition
You keep a place of abode in Iowa, owned, rented or used
Law
Iowa Code 422.4(14), Iowa Admin. Code rule 701-300.17
Run by
Iowa Department of Revenue

Who it applies to

The rule

Iowa Code section 422.4(14) says that 'resident' means an individual domiciled in Iowa and any other individual who maintains a permanent place of abode within the state. Domicile is the place where you intend to live permanently or for an indefinite time, and to which you intend to return. The second route is the one this page is about.

Iowa Administrative Code rule 701-300.17(1) explains the second route. A permanent place of abode means a place of abode kept long enough to create a well-settled physical connection with a locality. The Department looks at four main things: how much time you spend there, what kind of dwelling it is, what you do in the locality, and how long you intend to stay.

The same rule then gives the day count. There is a rebuttable presumption that you are maintaining a permanent place of abode if you maintain a place of abode in Iowa and spend more than 183 days of the tax year in the state. 'Rebuttable' means you can bring facts to show the presumption is wrong in your case. 'Place of abode' is wide: a house, apartment, condominium, mobile home or other dwelling place that you maintain or occupy, whether or not you own or rent it.

The rule names one kind of case where more than 183 days may not lead to a permanent place of abode: presence that is not voluntary, such as time in a correctional facility or an extended hospital stay.

Domicile has its own presumptions in rule 701-300.17(2). Iowa presumes you are domiciled there if you keep a residence or place of abode in Iowa, even with fewer than 183 days, and one more thing is true: you claim a homestead credit or military tax exemption on an Iowa home, you are registered to vote in Iowa, you keep an Iowa driving licence, or you do not live in a home in any other state for more days than you live in Iowa.

Why it exists

A state can tax all the income of its residents, but only the local income of other people. Intention is hard to prove, so Iowa gives its Department of Revenue a simple starting point: a dwelling in the state and more than half the year spent there. The person who knows the facts, which is you, then has to show why Iowa is not really where you live.

Counting the days

You count the days of the tax year that you spent in Iowa. The rule says 'spends more than 183 days of the tax year within this state' and does not define a day, so the careful way is to count every calendar day with any time in Iowa.

  1. Take the tax year. For most people this is 1 January to 31 December.
  2. Mark every calendar day on which you were in Iowa, including arrival and departure days.
  3. Add the days of all stays together.
  4. Compare with 183. At 184 days or more, and with a place of abode in Iowa, the presumption applies.
  5. Note any days when you were in Iowa without choice, for example in hospital, and keep the papers. They can help to answer the presumption.
  6. Check the domicile presumptions too: Iowa driving licence, Iowa voter registration, homestead credit, and where you spend the most days.
How Countr counts it. Countr counts every calendar day on which your phone records you in Iowa, from 1 January to 31 December, and compares the total with 183. Any part of a day counts as a full day. Countr starts to warn you 14 days before the limit. The app is simpler than the law in three ways. It cannot see whether you keep a place of abode in Iowa, so add this tracker only if you do. It cannot tell a day when you only passed through from a day when you stayed, so it counts both and warns early, never late. And it counts days in hospital or in prison like any other day, although the rule says such days may not count against you.

Track Iowa Tax Residence on your phone.

Countr finds your past trips in your photos and keeps counting from there.

Examples

Summer in Des Moines, winter in Arizona

Helen and Karl changed their legal home to Arizona in 2023 but kept their house in Des Moines. In 2026 they are in Iowa from 20 April to 31 October. That is 11 days in April and then 184 days from May to October, 195 days in total. They keep a place of abode in Iowa and have more than 183 days, so Iowa presumes a permanent place of abode and treats them as residents for 2026, unless they can show facts that answer the presumption.

Under 183 days, but an Iowa licence

Marco is a consultant from Illinois who rents a flat in Cedar Rapids. In 2026 he is in Iowa for 150 days. The 183-day presumption does not apply. But Marco changed to an Iowa driving licence to make car insurance easier. He keeps a place of abode in Iowa and holds an Iowa licence, so the separate domicile presumption in rule 701-300.17(2) applies, and he must show that his domicile is still Illinois.

Days in hospital

Ruth is domiciled in Nebraska and owns a lake house in Okoboji. In 2026 she spends 120 days there by choice. After an accident she then spends 70 days in a hospital in Iowa City. Her total is 190 days, more than 183. The rule says that presence that is not voluntary, such as an extended hospital stay, may not cause a person to be treated as maintaining a permanent place of abode. Ruth keeps the hospital records to show that only 120 days were her choice.

Exceptions

Common misconceptions

“If I am out of Iowa for more than half the year, I am not an Iowa resident.”
The rule says the opposite for domicile: absence from the state for 183 days or for any other long period does not alone show that you gave up an Iowa domicile. You must take positive steps to make a new permanent home elsewhere.
“The 183-day rule is automatic.”
It is a presumption, not a final result. It moves the work of proof to you. It can be answered with facts, and the Department can also find a permanent place of abode with fewer days.
“I do not own or rent anything in Iowa, so I have no place of abode there.”
The rule counts a dwelling place that you maintain or occupy 'whether or not owned or rented'. A relative's house or employer housing that you occupy can be a place of abode.
“Keeping my Iowa driving licence is harmless.”
An Iowa licence together with any place of abode in Iowa creates a presumption that you are domiciled in Iowa, even when you spend fewer than 183 days there.

Questions and answers

Does the day I arrive in Iowa count towards the 183 days?

The rule does not define a day. It only speaks of days spent in the state. The careful approach is to count any calendar day on which you were in Iowa, and Countr counts it that way.

What happens when I pass 183 days in Iowa?

If you also keep a place of abode in Iowa, the state presumes that you maintain a permanent place of abode and are a resident. As a resident you are taxed on all your income for the year, wherever it was earned. You can bring facts to answer the presumption.

Can I be an Iowa resident with fewer than 183 days?

Yes. If Iowa is your domicile you are a resident with any number of days. The Department can also find that you maintain a permanent place of abode from the facts, without the presumption.

Does a holiday in Iowa with no home there count against me?

The presumption needs both parts: a place of abode in Iowa and more than 183 days. Days in hotels on short visits, with no dwelling that you maintain or occupy as an abode, do not by themselves meet the first part.

Are husband and wife judged together in Iowa?

The rule says that married persons are presumed to have the same residence unless the contrary is shown. If one spouse lives in Iowa most of the year, the other spouse may need to show why his or her residence is different.

Which records help to answer the Iowa presumption?

Useful records show where you were and where your life is centred: travel tickets, card receipts, your licence and voter registration in another state, and proof of the home you keep outside Iowa. For days that were not voluntary, keep hospital or similar papers.

Sources

Read more: The 183-day rule: what it means and what it does not.

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This page explains the rule and how the days are counted. It is not legal or tax advice. The authority decides each case on its own facts.