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183-Day Rule for State Residency in Florida - What You Need to Know

Do you think you can move to Florida, get a driver's license, and become a Florida resident without any problem?

Well, we suppose you might be wrong. There's a 183-day rule for state residency in Florida, and it has been around since 2009. What does this mean for you?

It means that the State of Florida wants to ensure that people don't come into the state just to get a driver's license or other benefits like welfare, public assistance, voting rights, unemployment benefits, etc.

If you're considering relocating to Florida, you'll want to know about the 183-day rule. If you have lived in Florida for 183 days or more, you're considered a resident of this state.

This residency gives you access to numerous benefits that might not be available if you were visiting Florida on vacation.

While there's no one answer for when your residency begins, you must understand what the law states. This will help you make an informed decision about how long you need to live here before applying for certain types of services and programs.

The law was created with good intentions, but it may confuse when it comes to updating your driver's license or registering your vehicle (s) in Florida.

What do you need to know about the 183-day residency rule in Florida? What does it mean for your taxes and voting rights, and what other considerations should you make before moving here? Read on for a breakdown of every essential detail we know so far.

What Exactly is the 183-day Rule?

The 183-day rule is a Florida law that has to do with the requirement of establishing residency. It's a law that states that if you reside in Florida for more than six months, you're considered a resident of the state.

The rule applies the newcomers and those living here for many years but haven't obtained residency or filed a Declaration of Domicile in FL.

There are many ways to establish residency, but one of the most common methods is by living within state boundaries for 183 consecutive days.

Spend more than six months out of any 12 months in Florida, and you'll be considered a legal resident for tax purposes.

White concrete block and stucco home in the countryside with palm trees in Florida

Does the 183-Day Rule Apply to Students?

The 183-day rule is a rule that can be applied to students in Florida who are not U.S. citizens or permanent residents of the country. So if you're a student, it's important to know because this rule will determine if you have to pay out-of-state tuition.

The 183-day law states that students must be continuously enrolled in the state for at least one year and ninety days before receiving in-state tuition rates.

The rule dictates that a student must complete at least 180 days of attendance by the end of the school year to remain eligible for free public education or state financial aid during summer and winter breaks.

If you're a student and have been living in Florida for less than 12 months before your first day of class, you're considered an "incoming" freshman and will need to pay higher out-of-state fees.

The 183-Day Rule for Tax Law in Florida

The 183-day rule is an IRS rule which applies to states that have a state income tax. It mandates that you must live in the same state for at least 183 days before becoming eligible to pay taxes on that state's income.

The 183-day rule also applies to tax law in Florida. It states that any person who spends more than 183 days in Florida during one year will be considered a resident of Florida for tax purposes.

This means you're subject to paying state income tax, if applicable, as well as other taxes (such as sales and property tax).

Additionally, there are various exceptions to this rule, including military personnel on active duty, veterans, students enrolled at an educational institution in Florida, people working out of state temporarily, or those who own property elsewhere but live here permanently.

What Qualifies as Primary Residence in Florida?

The term “primary residence" means that you have to live in the home for at least six months out of any given year before you can claim it as your primary residence.

Florida residency law defines a primary residence as any dwelling place owned by the taxpayer and used as their principal home.

The 183-day rule dictates that if an individual spends at least 183 days in a year in one dwelling place, it'll qualify as their primary residence for all state income tax purposes.

Bottom Line

Are you thinking about moving to Florida? If so, you might want to know about the 183-Day Rule for State Residency.

The rule applies whether you’re a United States citizen or a legal alien who wants to live in FL but haven't lived here before.

You’ll be considered a legal resident of Florida for tax purposes after living here 183 days out of any consecutive 12-month period.

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