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California: the nine-month presumption, not a 183-day rule

People who split a year between California and a home in Nevada, Texas or Washington often plan around “183 days”. California does not work that way. Its residency test turns on domicile and where your connections are strongest, and published guidance describes more than nine months in the state as a presumption of residency you would have to rebut. The counter models that as a limit of about 270 days.

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Three invented years

Each person is a Nevada resident who spends the start of tax year 2025 in California, counting the arrival and departure day.

California staysCA daysAgainst the 270-day line
1 January to 26 September2691 day of room
1 January to 27 September270No room left
1 January to 30 September273Over by 3

The line is a presumption, so even 269 days is not a clearance and the first row says only that the counter has not flagged it. A person with a California house, family and job can be a resident on far fewer days.

Check your own year

Questions

Is there a 183-day rule in California?

California does not use a bright-line 183-day test the way New York does. Residency turns on domicile and where your connections are strongest, and the Franchise Tax Board's published guidance describes spending more than nine months in the state as a presumption of residency that you can try to rebut. Check the FTB's own guidance.

How many days is nine months?

About 270. The counter uses 270 as the most you can spend before it flags the presumption, so 270 days shows no room left and 271 shows over. Calendar months differ in length, so this is an approximation, not the FTB's arithmetic.

Does staying under nine months mean I am not a resident?

No. The nine-month figure is a presumption, not a safe harbor. A person who keeps a home, family, work and bank accounts in California can be a resident on fewer days, and the counter cannot weigh those connections. A day count is one input to a conversation with a tax professional.

Does the arrival day count?

The counter defaults to counting any part of a day, so the arrival and departure days both count. Counting nights only gives one fewer day per stay. Plan on the conservative reading unless the state says otherwise.