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Days, visas and Schengen

The 183-day rule, explained

The "183-day rule" isn't one law. It's a threshold that appears in many countries' tax rules and in tax treaties: spend about 183 days or more in a country, a little over half a year, and it may treat you as tax resident or gain the right to tax your pay. What counts as a day, which 12 months are measured and what else matters all differ from country to country, so always check with the tax authority of the country concerned.

This page is general information, not tax advice. For your own situation, talk to a tax adviser who knows both countries.

Three common versions

The same number shows up in very different rules. Three that affect many travelers:

Rule Where the 183 days come in How a day counts
UK Statutory Residence Test 183 or more days in the UK in a tax year (6 April to 5 April) makes you automatically UK resident A day counts if you are in the UK at the end of it (midnight), with exceptions such as transit
US substantial presence test At least 31 days this year, and 183 days over three years using a weighted sum Any part of a day counts, with exceptions
Tax treaties on the OECD model (Article 15) Pay for work done in another country stays taxable only at home if you are there no more than 183 days in any 12-month period starting or ending in the tax year, among other conditions Set by each treaty and each country's practice

The UK: 183 midnights

In the United Kingdom, under the Statutory Residence Test, you are automatically UK resident for a tax year if you spend 183 or more days in the UK during it. HMRC counts a day as a day in the UK if you're there at midnight. Fewer days don't guarantee you're non-resident: the UK has other tests, based on your home, your work and your ties to the country, that can make you resident with far fewer days.

The US: a weighted three-year sum

For the United States, the IRS's substantial presence test asks two things. Were you in the US on at least 31 days this year? And do these add up to 183 or more:

Any part of a day counts. There are exceptions, for example for regular commuters from Canada or Mexico, for transit of under 24 hours between two places outside the US, for some students, teachers and diplomats, and for days you couldn't leave because of a medical condition. A "closer connection" exception can also apply.

Tax treaties: who taxes your salary

Many tax treaties follow the OECD's model. Its Article 15 says that pay for work done in another country is taxed only in your home country if three conditions are all met: you are there for no more than 183 days in any 12-month period starting or ending in the tax year, your employer isn't resident there, and your pay isn't borne by a branch your employer has there. Each treaty has its own wording, so read the one between your two countries.

Worked example 1: the US weighted sum

A consultant spends 120 days in the US in each of 2024, 2025 and 2026.

Change 2026 to 125 days and the total becomes 125 + 40 + 20 = 185. The test is met, unless an exception applies. Five extra days in one year tipped the result, which is why people near the line keep exact records.

Worked example 2: the same stay, two answers

Someone arrives in London on 3 October 2026 and flies out on the morning of 3 April 2027, inside the UK tax year that runs from 6 April 2026 to 5 April 2027.

Same trip, one day apart, and that one day sits right on the line. Note too that 182 midnights doesn't settle UK residence: the UK's other tests still apply.

Myths worth dropping

Keep a count you could defend

If you're anywhere near a threshold, keep a log as you go rather than rebuilding it later:

  1. Note each date you enter and leave a country, and if you were there at midnight.
  2. Keep proof: boarding passes, booking emails, passport stamps where they still exist, card statements. Since 10 April 2026, Schengen entries are recorded electronically instead of stamped.
  3. Keep your iPhone saving photo locations, and Google Maps Timeline on if you use it, as a second record.
  4. Count both ways, any part of a day and midnights, so you know your number under either rule.

The days-in-country calculator does the counting from your dates, and how to count the days you've spent in each country shows how to build the log. A flight log helps too. Globestamp keeps days in every country, with a 183-day alert (a Pro feature), which is a handy early warning but not a substitute for the records a tax authority may ask to see.

Where to check the real rules

If you're also counting days for travel rules rather than tax, that's a different count: see the Schengen 90/180-day rule.

Questions people ask

Is the 183-day rule the same in every country?

No. Many countries use 183 days somewhere in their rules, but they differ on which 12 months count, whether part days count, and what other ties matter. Some also make you resident on other grounds with far fewer days. Check the tax authority of the country concerned.

Do I count the day I arrive and the day I leave?

It depends on the rule. The US counts any day you were present, even for an hour, so both count. The UK counts days you were in the country at midnight, so a departure day usually doesn't count. Treaties and other countries have their own practice.

If I spend 183 days abroad, do I stop paying tax at home?

Not automatically. Your home country may still treat you as resident because of your home, family or work there, and some countries tax their citizens wherever they live. Where two countries both treat you as resident, the treaty between them, if there is one, decides through its tie-breaker rules.

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