| Minimum days in the current year | 31 | Statutory | IRC §7701(b)(3)(A)(i) |
| Weighted threshold | 183 days; weights 1, 1/3, 1/6 | Statutory | IRC §7701(b)(3)(A)(ii) |
| What counts as a day of presence | Physically present at any time during the day | Statutory | IRC §7701(b)(7)(A) |
| Days not counted | Exempt individual, medical condition, Canada or Mexico commuter, transit under 24 hours, foreign vessel crew, NATO visa | Statutory / Form instructions | IRC §7701(b)(3)(D), (b)(5), (b)(7)(B)-(D); Form 8840 instructions |
| Closer connection exception | Fewer than 183 days in the current year, foreign tax home, closer connection, no green card steps | Statutory | IRC §7701(b)(3)(B), (C); Treas. Reg. §301.7701(b)-2; Form 8840 |
| Year dependence | None. The rule is the same for every test year, so no inflation or projection is used. | Statutory | IRC §7701(b)(3) |