Minnesota residency is generally defined by domicile (permanent residency) or the 183-day rule. In determining residency, we consider both your words and actions, with actions carrying more weight than words.
Domicile
Your “domicile” is the place you intend to make your home permanently or for an indefinite period of time.
Once you establish a domicile in Minnesota, it continues until you take action to change it. If you move out of Minnesota but do not intend to permanently remain in another state or country, you continue to be a Minnesota resident.
If you are a resident of another state and you maintain residences in both Minnesota and another state, you may still be taxed as a Minnesota resident under the 183-day rule.
The 183-Day Rule
You’re considered a Minnesota resident for tax purposes (even if you have permanent residency in another state) if both of these apply:
- You spend at least 183 days in Minnesota during the year (any part of a day counts as a full day)
- You or your spouse rent, own, maintain, or occupy a residence in Minnesota suitable for year-round use and equipped with its own cooking and bathing facilities
If both conditions apply for the entire year, you must follow the filing requirements for a full-year Minnesota resident. If you meet the first condition, but the second condition applies for less than the full year, you are considered a part-year resident for the time the second condition applies. You must follow the filing requirements for a part-year Minnesota resident.
Exceptions to the 183-Day Rule
The 183-day rule does not apply to:
- Members of the military (or their spouses) who are stationed in Minnesota, but are permanent residents of other state
- Residents of Michigan and North Dakota (these states have tax reciprocity agreements with Minnesota)
Minnesota Resident
Residents must pay Minnesota income tax on taxable income received from all sources, regardless of where it’s earned.
For details, see Income Tax Fact Sheet 1, Residency.
Part-year Residents
You are considered a part-year resident if either of these occurred during the year:
- You moved into Minnesota with the intention of remaining
- You moved out of Minnesota and have established a permanent residence elsewhere
You must pay Minnesota income tax on taxable income you received from all sources while a resident. For the portion of the year you were a nonresident, you must pay tax on income derived from Minnesota sources.
For details, see Income Tax Fact Sheet 2, Part-Year Residents.
Nonresidents
You are considered a nonresident if you earn income in Minnesota, but are a permanent resident of another state or country. You must pay Minnesota tax on taxable income earned in Minnesota. You must also pay Minnesota tax on other income derived from Minnesota sources.
For details, see Income Tax Fact Sheet 3, Nonresidents.
Exception: If you are a resident of Michigan or North Dakota, you do not have to include your Minnesota wages or other personal service income when determining if you meet the minimum filing requirement. For details, see Income Tax Fact Sheet 4, Reciprocity.