Raven

The 183-day rule in Australia

Under current law you are an Australian tax resident if you "reside" in Australia in the ordinary sense, or if you meet one of three statutory tests: the domicile test, the 183-day test (present for 183 days or more in the income year, unless your usual place of abode is overseas and you do not intend to take up residence in Australia), or the superannuation test for certain government employees. The government has proposed replacing this with a bright-line 183-day primary test and a 45-day/factor secondary test.

At a glance

Period counted
Income year (1 July – 30 June)
Threshold
183 days or more (more than half the income year), unless your usual place of abode is outside Australia and you do not intend to take up residence
Part-days
Yes: any part of a day counts
Other triggers
The ordinary "resides" test (behaviour, family, assets, intention), the domicile test and the Commonwealth superannuation test
Count my Australia days

Not legal or tax advice. This calculator is an informational tool based on published rules as we understand them on 2026-09-25. Rules change and your facts matter; confirm your position with a qualified adviser or the authority before relying on it. Rule summaries were checked against the sources above; legislation and guidance change.

Frequently asked questions

Which year does Australia count?

The income year, 1 July to 30 June. Select the Australia preset in the calculator and it uses that period automatically.

Has the 45-day bright-line test started?

It was a government proposal with an earliest start date of 1 July 2026 discussed in consultation. Check the ATO for the current status before relying on it; until legislated, the existing resides, domicile, 183-day and superannuation tests apply.

I was in Australia 183 days but live overseas. Am I resident?

Not necessarily. The 183-day test has an exception where your usual place of abode is outside Australia and you do not intend to take up residence. You may still be caught by the resides test if your behaviour looks like living in Australia.

Is Raven's count official?

No. Raven records where you were and counts days under the Australia rule as we understand it; the Australian tax authority makes the determination. Use the record as evidence and confirm your position with an adviser.