# Pennsylvania Tax Residence Tax residency rule, United States. Page: https://usecountr.com/trackers/tax-us-pa-statutory/ ## Summary Pennsylvania calls a person a statutory resident when their domicile is outside the state but they have a permanent place of abode in Pennsylvania and spend more than 183 days of the taxable year there. The Department of Revenue describes a day as midnight to midnight. A statutory resident pays Pennsylvania personal income tax on taxable income from all sources, not only Pennsylvania income. The 184th day crosses the line. The Pennsylvania Department of Revenue applies the test. - Limit: More than 183 days in Pennsylvania (the 184th day crosses the line) - Period: The taxable year, for most people 1 January to 31 December - A day is: Midnight to midnight, in the Department's guide - Second condition: A permanent place of abode in Pennsylvania - Law: 72 P.S. section 7301(p), 61 Pa. Code section 101.1 - Run by: Pennsylvania Department of Revenue ## Who it applies to - People domiciled in New Jersey, Delaware or Maryland who keep a flat in Philadelphia or Pittsburgh. - Retired couples with a summer home in Pennsylvania and a winter home in another state. - People who work in Pennsylvania on a long posting and rent a home with no fixed end date. - People who left Pennsylvania and kept a house that is fit to live in all year. ## The rule The Pennsylvania Tax Reform Code defines a resident individual in 72 P.S. section 7301(p), and the regulation at 61 Pa. Code section 101.1 repeats it. A resident is a person domiciled in Pennsylvania, or a person who is not domiciled in Pennsylvania but maintains a permanent place of abode in the state and spends in the aggregate more than 183 days of the taxable year in the state. "In the aggregate" means the days of all visits are added together. The regulation adds that a person can be a resident for this tax even if they would not be a resident for other purposes. The Department's Personal Income Tax Guide, in the edition dated July 2025, calls the second group statutory residents and writes the day condition as more than 183 days (midnight to midnight). Neither the guide nor the regulation explains how a part of a day is treated. The guide describes a permanent place of abode as a house, apartment, dwelling place or other residence that can be maintained as a household for an indefinite period, whether the people living there own it or not. An abode is not permanent if it is occupied only for a fixed or limited time for a particular purpose. The regulation adds that a dwelling owned or leased by your spouse is generally included, and that a camp or cottage used only for vacations is not a permanent place of abode. Domicile, the other way to be a resident, is your true, fixed and permanent home. The guide says a person can have several residences and only one domicile, and that the person who claims a change of domicile must prove it. A person domiciled in Pennsylvania can be treated as a nonresident for a year if they keep no permanent place of abode in Pennsylvania at any time in the year, keep one elsewhere, and spend no more than 30 days in the state. Why it exists: Pennsylvania taxes residents on taxable income from everywhere and nonresidents only on income from Pennsylvania sources. Because domicile turns on intention, a person could spend most of the year in a Pennsylvania home and still say that their permanent home is in another state. The statutory test closes that gap with two facts that can be checked: a home that can be kept for an indefinite time, and more than half of the year in the state. ## Counting the days You count the days of the taxable year spent in Pennsylvania. The Department describes a day as midnight to midnight and does not say how a part of a day is treated, so the careful count includes every day on which you were in the state. 1. Decide whether you have a permanent place of abode in Pennsylvania: a home that can be kept as a household for an indefinite period, owned or rented. 2. Leave out places you occupy only for a fixed or limited time for a particular purpose, and employer housing given for a definite period. 3. Mark each calendar day, midnight to midnight, on which you were in Pennsylvania. 4. Add the days of all visits in the taxable year together. 5. Compare the total with 183. At 184 or more, with the abode, you are a statutory resident. How Countr counts it: Countr counts every calendar day on which your phone was in Pennsylvania at any time, from 1 January to 31 December, against a limit of 183 days. Pennsylvania's own guide speaks of days from midnight to midnight and does not say that a part of a day is a full day, so Countr's count may be higher than the count the Department would accept. It will not be lower. Countr also counts days when you only passed through the state. It cannot see whether you have a permanent place of abode, so add this tracker only if you do. ## Examples ### A Philadelphia flat and a Delaware home Ruth is domiciled in Wilmington, Delaware. She rents a flat in Philadelphia on a lease that renews each year and stays there from Monday morning to Friday evening in 37 weeks of 2026. That is 5 days a week and 185 days. She has a permanent place of abode and more than 183 days, so she is a Pennsylvania statutory resident for 2026. ### Summer in the Poconos The Novaks are domiciled in Florida and own a year-round house in the Pocono Mountains. In 2026 they arrive on 1 April and leave on 30 September. April, May, June, July, August and September have 30, 31, 30, 31, 31 and 30 days, a total of 183. That is not more than 183. If they do not return that year they are nonresidents, and one more day in the state would change that. ### A student's off-campus flat Chen is domiciled in California and studies at a university in Pittsburgh. He rents an off-campus flat and is in Pennsylvania on 270 days in 2026. The Department's guide says that off-campus rentals by students enrolled in colleges or universities do not qualify as a permanent place of abode. He is not a statutory resident, although he spent far more than 183 days in the state. ## Exceptions - Barracks, bachelor officers' quarters, quarters on ships and other accommodation that an employer provides for a definite period are not a permanent place of abode. - College dormitories, fraternity and sorority houses, and off-campus rentals by students enrolled in colleges or universities are not a permanent place of abode. - An abode occupied only during a fixed or limited period for a particular purpose is not permanent. - A person domiciled in Pennsylvania with no permanent place of abode there, one elsewhere, and no more than 30 days in the state is treated as a nonresident for the year. - Under the Northeastern States Tax Officials Association agreement, when a person is domiciled in one member state and a statutory resident of another, the states divide the right to tax and the credit between them. ## Common misconceptions - "Pennsylvania only taxes residents who are domiciled there." A person domiciled elsewhere is also a resident if they have a permanent place of abode in Pennsylvania and spend more than 183 days there. The Department calls this statutory residency. - "My summer cabin counts as a permanent place of abode." The regulation says a camp or cottage used only for vacations is not a permanent place of abode. A house that can be kept as a household for an indefinite time is different. - "If I am a resident of two states, each taxes everything and nothing is given back." Pennsylvania is part of an agreement among north-eastern states for people who are domiciled in one state and statutory residents of another. It sets which state taxes which income and which state gives the credit. - "A two-year work stay never makes me a resident because my domicile is elsewhere." Domicile is not needed. If the home you keep is for an indefinite period and you are in the state more than 183 days, you are a statutory resident. ## Questions and answers ### What does midnight to midnight mean for my count? It is how the Department's guide describes a day in the 183-day condition: a calendar day. The guide does not say whether a part of such a day counts as a whole day, so a careful count includes every calendar day on which you were in Pennsylvania. ### Is 183 days in Pennsylvania enough to become a resident? No. The law says more than 183 days. With 183 days or fewer you are not a statutory resident, even with a permanent place of abode. ### Who taxes my salary if I am domiciled in New Jersey and a statutory resident of Pennsylvania? Under the agreement among the north-eastern states that Pennsylvania describes in its guide, earned income is taxed by the state where it is sourced, and the state of domicile gives a credit when the income is sourced to the state of statutory residence. Income that has no source state, such as interest, is taxed by the state of domicile. ### Does a home owned by my husband or wife count? Generally yes. The regulation says a permanent place of abode generally includes a dwelling place owned or leased by your spouse. ### Does Pennsylvania treat me as a resident for the whole year? The definition is tested on the taxable year as a whole: the abode and more than 183 days in that year. The guide describes a part-year resident as a person who is a resident for part of the year, which it says usually happens when someone changes domicile. ### I am domiciled in Pennsylvania but live abroad. Does this rule help me? This rule is for people domiciled elsewhere. For people domiciled in Pennsylvania, the guide gives a separate test: no permanent place of abode in Pennsylvania at any time in the year, one elsewhere, and no more than 30 days in the state. ## Sources - [Pennsylvania Department of Revenue, Personal Income Tax Guide, Brief Overview and Filing Requirements (DSM-12, 07-2025)](https://www.pa.gov/content/dam/copapwp-pagov/en/revenue/documents/formsandpublications/papersonalincometaxguide/documents/pitguide_overviewrequirements.pdf) - [Pennsylvania Code, title 61, section 101.1, definitions of resident individual and permanent place of abode](https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/061/chapter101/s101.1.html&d=reduce) --- Countr is an app for iPhone that counts your days in every country for visa, tax and residency rules, from the photos on your phone and your location. It explains rules and counts days. It does not give legal or tax advice. https://apps.apple.com/app/country-days-tracker-countr/id6810720800