While most of us think of a day as the interval of light between two successive nights, taxing jurisdictions that look to the statutory residency test certainly had something much shorter in mind. While the New York statutes don’t bother to define what constitutes a day for purposes of the count, the regulations clearly state that “presence within New York State for any part of a calendar day constitutes a day spent within New York. . .”
Despite the broad reach of the regulations, two very limited exceptions are carved out. The first of these pertains to travel days within New York. If in New York solely to board a plane, ship train, bus, etc. to travel to a point outside of New York, this will not count as a day.