But here is the bottom line -- at the end of the day, there are two types of business entities -- those where the profits get paid out to owners and those where they don't. Even if an athletic department is its own separate corporation, at least to date no one gets to keep the profits. And if that's the case, then the only basis to tax them is the government saying "we don't think your purpose is truly charitable." First, do we want the government making those decisions? But more fundamentally, most of our taxes of business entities is on profits. Athletic departments don't make money and stockpile the proceeds -- they spend proceeds to get better athletic programs. So I ask again -- what exactly are you taxing, because net income won't produce anything?A company that
A company that reports a profit, but retains the profit, still pays tax on their income. And, there are some colleges that do make money on college athletics, so those profits could be taxed, but the vast majority of colleges do not make money on athletics. And, if there was a tax on profits, colleges would find a way to not report profits so taxing college athletic departments is really a mute point.
One of the biggest issues I see for college athletes if they become "employees" or are making large sums of money is that tuition reimbursement by an employer over a certain level is taxable, so would some portion of college athletic scholarships for "employees" become taxable?
I think student athletes should have two choices:
1) Receive a scholarship with cost of attendance and athlete benefits tax free.
2) Have college athletes pay taxes on their wages and benefits including tuition reimbursement as "employees".
I think the vast majority of athletes would choose option 1, but athletes with large NIL opportunities, like Paige Bueckers, would choose option 2.