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re: When players become official employees

Posted on 12/18/23 at 7:38 pm to
Posted by Aggie in TN
Franklin TN
Member since Jun 2022
3005 posts
Posted on 12/18/23 at 7:38 pm to
The NCAA president is recommending around 30k a player which is laughable at best.

I could see a salary cap supplemented by NIL. But NIL would have more stringent reporting and tracking by IRS standards.
Posted by bamaoldtimer
Member since Dec 2009
1715 posts
Posted on 12/18/23 at 9:57 pm to
[quote]1099 contractors can be subject to the same sort of restrictions and limits placed on an employee. The problem is that it'd be a pretty easy case to make using IRS standards that they would not be independent...they do not have "opportunities for profit and loss (of the contractor OR the program, they have no way to control the "amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor" and they would have no control over "the degree of independent business organization and operation". Pretty much if the are not allowed to make decisions about the profitability of organization of THEIR business they are employees and not contractors. There is also the issue of "permanence" and an inability to pursue other independent ventures related to their "business". The IRA is pretty damned stringent about who is and who is not a business because the tax advantages of being a 1099 contractor are infinitely better than being an employee and the IRS nees its money badder'n a hawg nees slop....[/quot

I would counter that a college athlete, especially a football player, certainly does make decisions about the profitability of their business. THEIR business is providing labor to make plays and ultimately win or lose a football game that their university profits from. The player ( contractor), can add financial profit to the school by winning and creating media interest. Media interest sells advertising which profits both the media outlet , school and player. Conversely, the opposite will happen if the team fails. Your idea of permanence is counter to the existing portal where, if a player feels he is not profiting from the business venture, he can pursue other avenues.

I see your point and certainly agree the IRS wants their pound of flesh. My interest is in saving the sanctity and wholesomeness of college ball regardless of sport. This may be a naive attitude but another NFL I do not want.

Players need agents, lawyers and financial experts. For a fee, each player( contractor), could partake of the schools professionals for this help or hire their own.

Schools need to offer contracts to students.

1. Become student athlete, make grades, pursue education with due diligence, play ball for length of contract. Any outside compensation would need to be reported to IRS. WOULD BE student( contractor’s responsibility to report.) SCHOOL OVERSITE WOULD BE PART OF CONTRACT OF ANY OUTSIDE COMPENSATION.

2. At any time player ( contractor) breaks contract, school may at its discretion, void and nullify contract. Likewise, as in any contract, either party can sue or seek damages.

3. I agree with those that say college football, especially major college ball, need a governing body and new rules reflecting the realities of today.


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