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re: Loyola Marymount to cut 6 sports in response to NIL

Posted on 1/27/24 at 2:11 pm to
Posted by meansonny
ATL
Member since Sep 2012
25652 posts
Posted on 1/27/24 at 2:11 pm to
quote:

quote:
No one is writing off a donation to the collective.


Not sure why they are not if they can. To be honest someone would be a fool if they could write-off a donation to a collective if it is not for profit entity.


No one is expensing a check to collectives because it is not deductible per the IRS.
Nonprofit status does not automatically grant donations as a tax deduction. Nonprofit status only dictates the governing rules of the institution (collective).

Collectives basically launder money. You can "remove profit" from the money laundering scheme but that does not force the IRS to recognize it as a charitable tax deduction contribution.
Posted by TideWarrior
Asheville/Chapel Hill NC
Member since Sep 2009
11838 posts
Posted on 1/27/24 at 3:38 pm to
quote:

No one is expensing a check to collectives because it is not deductible per the IRS.


This is incorrect.

quote:

Going forward, NIL collectives that currently have tax-exempt status from the IRS may continue to operate as they previously have but should be aware that their activities are now more likely to be reviewed by the IRS and challenged if they are determined to not be substantially charitable. Existing entities wishing to protect their tax-exempt status and the deductibility of future donations,


Memo from the IRS but again as I said the ones that are the donors do qualify for a write-off based on their donation.
Posted by TideWarrior
Asheville/Chapel Hill NC
Member since Sep 2009
11838 posts
Posted on 1/27/24 at 3:41 pm to
In regard to NIL contracts setup directly with a business can also be recorded as a business expense.

quote:

Generally, business expenses must be ordinary and necessary to be deductible. An ordinary expense is common and accepted in the industry. A necessary expense is helpful and appropriate.

Influencer marketing—like the kind done by a student-athlete—might be considered ordinary and necessary for certain types of businesses, such as a health food store, a physical therapist’s office, or a mobile phone company. The IRS might not find it ordinary and necessary for other businesses, such as management consultants or industrial manufacturers.

Posted by meansonny
ATL
Member since Sep 2012
25652 posts
Posted on 1/27/24 at 3:48 pm to
Do you have a link?

Because some memos are newer than others.

September 6, 2023

October 18, 2023

Essentially, if you have an active nonprofit which adds "collective" as a minority activity then it "may" continue to qualify for the tax deduction.
But there will be audits. And with the numbers running through these collectives ($2M+ annual), you are going to be hard pressed to find qualifying nonprofits where that amount of volume is going to be minimal activity.
"Financial council" to the athletes doesn't qualify as charitable work, unfortunately (I think that was Texas A&M's claim as a nonprofit benefit to the community).
Posted by meansonny
ATL
Member since Sep 2012
25652 posts
Posted on 1/27/24 at 3:51 pm to
quote:

In regard to NIL contracts setup directly with a business can also be recorded as a business expense.



Brand recognition is always recognized as ordinary business expense.
When companies advertise on TV who do not sell or retail anything to the public whatsoever, there is a case for branding as a positive normal expense.

NIL partnerships are easy tax deductions. There just has to be a "campaign" attached to the check.
Posted by imjustafatkid
Alabama
Member since Dec 2011
50545 posts
Posted on 1/27/24 at 10:30 pm to
quote:

They purport that revenue-generating sports such as football and basketball should not share their revenues with their highly commercialized college-athlete labor because schools have to spend large sums of money to comply with the NCAA’s 14 sport minimum rule—even though some of these other sports cost colleges money that they would never independently choose to spend


The author may not like this reality, but it is reality all the same. Revenue generating sports prop up all the garbage, mostly women's sports. Unless Title 9 is repealed, this won't change.
This post was edited on 1/28/24 at 10:33 am
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