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College athletics and the tax on unrelated business income will "student athletes" still be students after the NCAA changes its rules? Erik M. Jensen

By: Jensen, Erik M.
Material type: ArticleArticlePublisher: 2020Subject(s): ESTUDIANTES UNIVERSITARIOS | DEPORTISTAS | ACTIVIDADES ECONOMICAS | IMPUESTOS | ESTADOS UNIDOSOnline resources: Click here to access online In: Journal of Taxation of Investments v. 37, n. 2, Winter 2020, p. 59-71Summary: This article considers the effects on the liability of big-time athletic colleges for the unrelated business income tax (UBIT) of the California Fair Pay to Play Act—permitting a student athlete at any California college, beginning in 2023, to profi t from income generated from the athlete’s “name, image, or likeness”—and the NCAA’s apparent acceptance of that principle. College athletic teams historically have not been subject to UBIT because of the pretense that the participants are student athletes. Although the Fair Pay to Play Act and the NCAA’s response might not yet require discarding that pretense, the probable next step—direct compensation by the colleges, beyond scholarships, for participation in athletics—will make characterization of many athletes as “student athletes” untenable.
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Disponible también en formato electrónico.

This article considers the effects on the liability of big-time athletic colleges for the unrelated business income tax (UBIT) of the California Fair Pay to Play Act—permitting a student athlete at any California college, beginning in 2023, to profi t from income generated from the athlete’s “name, image, or likeness”—and the NCAA’s apparent acceptance of that principle. College athletic teams historically have not been subject to UBIT because of the pretense that the participants are student athletes. Although the Fair Pay to Play Act and the NCAA’s response might not yet require discarding that pretense, the probable next step—direct compensation by the colleges, beyond scholarships, for participation in athletics—will make characterization of many athletes as “student athletes” untenable.

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