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re: Bipartisan legislation introduced that would remove tax write-offs for NIL collectives

Posted on 9/29/22 at 10:19 am to
Posted by CelticTiger
Saint Louis
Member since Feb 2019
1140 posts
Posted on 9/29/22 at 10:19 am to
quote:

Tennessee's NIL Collective is creating some sort of non-profit specific corporation/sector for legitimate non-profit activities


The way one Indiana NIL collective is handling the guise of 501(c)(3) exempt status is having the athlete perform services for legitimate tax-exempt entities.

So their model is...we collect donations so that we can pay people to perform services for the American Cancer Society, Habitat for Humanity, etc.

501(c)(3) status is fairly easy to obtain, but harder to hold. Your actual activities have to fit what you repped you were going to do on your application.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 9/29/22 at 10:19 am to
quote:

Bipartisan legislation introduced that would remove tax write-offs for NIL collectives
for collectives, this actually makes some sense. It is not an operating expense for a business.

By comparison, if Big Biff‘s Beef Ribs restaurant wants to pay Le’Kwa’Dayreean Jackson $50,000 to advertise for his barbecue joint, how is that any different than paying Sam Jackson to do the same thing?
Posted by LouisvilleKat
Member since Oct 2016
18219 posts
Posted on 9/29/22 at 10:20 am to
Right now all I'm picturing is those Sally Struthers feed the children ads about feeding and clothing poor kids for dollars a day.

Won't you think of the 5* athletes in need?

Posted by SummerOfGeorge
Member since Jul 2013
102699 posts
Posted on 9/29/22 at 10:21 am to



Yea, that sort of thing is going to be HEAVILY scrutinized.

How are athletes paid? For what services are they paid? Are they paid the same as John Doe from down the street that works for the organization in accounting or donor outreach or cleaning bathrooms? Are they paid for services that are generally only done by volunteers? In summary, are athletes that are being paid (a) actually doing work that is paid to non-athletes or (b) being paid for volunteer work that is paid to non-athletes. If there is surplus payment being made to athletes above and beyond normal value of that service provided, that amount is absolutely going to be segregated out as taxable.

Just because you throw on "purpose driven" doesn't mean a whole lot. Just because you are doing good work doesn't mean everything you get paid is non-taxable. You have to be working inside the norms and values of every non-athlete involved in your organization/sector. Anything more than that is preferential and clearly in excess due to the individual being an athlete.
This post was edited on 9/29/22 at 10:26 am
Posted by CelticTiger
Saint Louis
Member since Feb 2019
1140 posts
Posted on 9/29/22 at 10:23 am to
quote:

By comparison, if Big Biff‘s Beef Ribs restaurant wants to pay Le’Kwa’Dayreean Jackson $50,000 to advertise for his barbecue joint, how is that any different than paying Sam Jackson to do the same thing?



It's not, and given the SCOTUS ruling, I'm not sure you can legislate this one away.
Posted by SummerOfGeorge
Member since Jul 2013
102699 posts
Posted on 9/29/22 at 10:24 am to
quote:

It's not, and given the SCOTUS ruling, I'm not sure you can legislate this one away.



Agree - it's pretty black and white.
Posted by Referee
North Alabama
Member since Dec 2021
3010 posts
Posted on 9/29/22 at 10:29 am to
Pass it!
Posted by CelticTiger
Saint Louis
Member since Feb 2019
1140 posts
Posted on 9/29/22 at 10:36 am to
SummerOfGeorge:

quote:

But hey, I'm sure your collection of random 5'11 white guys wearing #58 or #39 will sweep through the NL this season!


Hey, sorry to hijack (just a brief detour actually)
Just wanted to remind you that me and my collection of random 5'11" white guys are commin'!

Maybe we'll see ya.
We're pulling for a classic Cards - Yanks series.
Posted by SummerOfGeorge
Member since Jul 2013
102699 posts
Posted on 9/29/22 at 10:40 am to
quote:

Just wanted to remind you that me and my collection of random 5'11" white guys are commin'!

Maybe we'll see ya.




Lars Nootbar, Brendan Donovan and Tommy Edman

Nah, y'all went back to your old roots and just brought back superman this year (to combine with the other 2 supermen). The Pujols thing in the 2nd half has been incredible to watch. He's such a pros pro. Love that he got to have such an incredible last year and do it back in St Louis.

We probably doomed ourselves last night combined with the Mets coming back. Heading to the park tomorrow for deGrom/Fried, but tough order to basically have to sweep a series where you see JD/Max/Bassit.

NL playoffs are going to be incredible this year!
This post was edited on 9/29/22 at 10:42 am
Posted by paperwasp
11x HRV tRant Poster of the Week
Member since Sep 2014
23107 posts
Posted on 9/29/22 at 10:41 am to
Found the actual legislation on senate.gov, cited as the Athlete Opportunity and Taxpayer Integrity Act.
Posted by CelticTiger
Saint Louis
Member since Feb 2019
1140 posts
Posted on 9/29/22 at 10:58 am to
Good luck!

..and if you find yourself in STL this fall, I'm buying!
Posted by SummerOfGeorge
Member since Jul 2013
102699 posts
Posted on 9/29/22 at 11:06 am to
quote:

..and if you find yourself in STL this fall, I'm buying!




Posted by SavageOrangeJug
Member since Oct 2005
19758 posts
Posted on 9/29/22 at 11:10 am to
Please refer to my signature for necessary information.

“The word bipartisan usually means some larger-than-usual deception is being carried out.” - George Carlin
Posted by ALhunter
Member since Dec 2018
2935 posts
Posted on 9/29/22 at 11:50 am to
quote:


I honestly am not following what you're suggesting, but would like to.

Please expound on this.


EDIT: Actually, did some more digging on this... it seems that people were structuring the NIL entities as not for profits and telling people that they can count contributions as a charitable donation which is tax deductible in a really straightforward way for most taxpayers. That's actually pretty wild and I'm surprised by that.

Presumably companies actually giving sponsorship deals to players wouldn't be impacted but unclear from that snippet.
This post was edited on 9/29/22 at 2:06 pm
Posted by 3down10
Member since Sep 2014
22666 posts
Posted on 9/29/22 at 12:01 pm to
quote:

destroy commercial speech.


What the frick is this?
Posted by bamameister
Right here, right now
Member since May 2016
14097 posts
Posted on 9/29/22 at 12:11 pm to
If the PGA can claim tax-exempt status, why not NIL?

In 1966, as part of a deal to approve the merger between the American Football League and the NFL, Congress created a loophole for pro sports leagues.

It's still hard for taxpayers to fathom why they have to pay taxes, while professional sports leagues that rake in billions of dollars a year don’t owe a dime to Uncle Sam. The NFL and MLB eventually gave up their tax-exempt status, mostly out of embarrassment.


The PGA Tour is obviously set up to make a profit. It has a chief commercial officer, a chief marketing officer, and a business model that aggressively discourages competition, a classic strategy for profitability.

Yet Congress doesn't seem to want to make the same loophole for what college football NIL has become, a profession.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64608 posts
Posted on 9/29/22 at 12:26 pm to
quote:

The NFL and MLB eventually gave up their tax-exempt status, mostly out of embarrassment.

from my understanding, they just got sick of dealing with the politicians in perpetuity over their status, and, in actuality, most of the revenue generated by the NFL goes back into the owners' pockets, and the franchises are taxable entities (i.e. most of the revenue generated by the NFL is taxed).

Back when the NFL voluntarily gave up it's exempt status in 2015, the league office itself was only generating ~$9 million, which was lower than the $10 million threshold to maintain that status. Now, I'm sure there was plenty of creative accounting that went on to stay below that $10 million number, but I can see how spending millions spent every year in atty fees defending their status and CPA fees maintaining the cumbersome reporting wasn't even worth the tax write off. To me, it seems like it was a financial decision for the NFL, not "out of embarrassment."

MLB gave up their status in 2007 for similar reported reasons. They didn't feel like the hassle of it all made sense financially to fool with any longer.

quote:

The PGA Tour is obviously set up to make a profit. It has a chief commercial officer, a chief marketing officer, and a business model that aggressively discourages competition, a classic strategy for profitability.

The PGA is pretty unique. I think they'll end up losing their status if they don't give it up voluntarily with the current pressure and microscope they're under at the moment, but they do give a significant amount of their revenue to charity, and then you have the biggest portion of their net revenues being paid out in prize money and operating expenses. The prize money is obviously taxed to the players receiving the money. What gets muddy to me is their "reserve" fund that has hundreds of millions of dollars. I honestly don't know how they can just stash away and build their reserves and still have a tax shield.
This post was edited on 9/29/22 at 12:33 pm
Posted by bamameister
Right here, right now
Member since May 2016
14097 posts
Posted on 9/29/22 at 12:41 pm to
quote:

o me, it seems like it was a financial decision for the NFL, not "out of embarrassment."


Good for you. But still not surprising, sports leagues began feeling pressure from the media and public officials over their questionable tax-free status.

The main point still is that Congress was quick to come to the federal aid of those millionaires and their eventual billion-dollar businesses. The PGA stuck with its professional billion-dollar program to this day.

On a brighter side note: There are some signs that Washington policymakers are growing tired of the PGA Tour enjoying both a tax exemption and apparent immunity from antitrust action. Rep. Greg Steube of Florida introduced legislation to take away the Tour’s 501(c)(6) status as a “matter of common sense and fairness.”

In short, it sure is great when Congress decides that your business model entity gets to cheat on their federal taxes, while others, like NIL, just don't quite make the grade.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64608 posts
Posted on 9/29/22 at 12:57 pm to
quote:

In short, it sure is great when Congress decides that your business model entity gets to cheat on their federal taxes, while others, like NIL, just don't quite make the grade.

Congress put pressure on both the MLB and NFL (the NBA was never an exempt entity) and are now doing so with the PGA and NIL. Sure, maybe Congress in years' past were letting these leagues cheat the system, but what we're seeing happening now is the MLB/NFL are longer tax exempt and Congress is putting pressure on both the PGA and NIL collectives. So it appears, right now, Congress wants everyone on the same playing field and don't want any of these entities to receive tax shields.
This post was edited on 9/29/22 at 12:58 pm
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