---
title: "Count the days present for the 183-day residency test"
url: "https://ailawframework.com/practice/taxation/count-the-days-present-for-the-183-day-residency-test"
type: "task"
site: "AI Law Framework"
id: "A26-PE20261022-6"
practice_area: "Taxation"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Count the days present for the 183-day residency test

> From the arrival and departure dates the lawyer supplies for the income year, count every day the person was physically present, including each arrival day and each departure day.…

Canonical page: https://ailawframework.com/practice/taxation/count-the-days-present-for-the-183-day-residency-test  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Taxation](https://ailawframework.com/practice/taxation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the arrival and departure dates the lawyer supplies for the income year, count every day the person was physically present, including each arrival day and each departure day. Record the total and whether the lawyer's instruction is that the total is more than half the income year. Do not decide the usual place of abode or the intention to take up residence. |
| What the lawyer must review | The lawyer checks the day count, decides whether the person was in Australia for more than half the income year, and decides whether the usual place of abode is outside Australia and whether the person has no intention to take up residence here. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: From the arrival and departure dates the lawyer supplies for the income year, count every day the person was physically present, including each arrival day and each departure day. Record the total and whether the lawyer's instruction is that the total is more than half the income year. Do not decide the usual place of abode or the intention to take up residence.
- What the lawyer does: The lawyer checks the day count, decides whether the person was in Australia for more than half the income year, and decides whether the usual place of abode is outside Australia and whether the person has no intention to take up residence here.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Count days in the income year, not the calendar year, and include the arrival day and the departure day.
2. The page's rule is more than half the income year. Do not substitute a bare total of 183.
3. Residence is avoided only if both the usual place of abode is outside Australia and there is no intention to take up residence. The lawyer decides both.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Australian Taxation Office, Residency – the 183-day test, last updated 3 June 2026](https://www.ato.gov.au/individuals-and-families/coming-to-australia-or-going-overseas/residency-tests/residency-the-183-day-test) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/taxation/count-the-days-present-for-the-183-day-residency-test/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*