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The tax complexity of NIL pay for NCAA athletes

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Financial advisors and tax professionals could help college athletes save a lot of money on their name, image and likeness pay — but only with better guidance, a new study found.

Outlining more than a half dozen possible trust and estate-planning strategies for a women’s basketball star named “Jane Doe,” the academic paper by Doron Narotzki of the University of Akron and Yariv Brauner of the University of Florida was published last month in the American University Business Law Review. Each strategy came with complicating factors. However, with the right planning for Doe’s $225,000 in annual earnings at “XYZ University,” her tax liability could be reduced by as much as $32,816, according to their estimates. 

Four years ago, the National Collegiate Athletic Association legalized (NIL) payments to college student-athletes for endorsements, social media campaigns, video games and the other growing sources of potential compensation. But experts say the talented youngsters, who can net millions of dollars a year, still need much more guidance about how to avoid scams and costly tax bills

“College athletes face significant challenges in navigating the complex tax landscape,” Narotzki and Brauner wrote. “The shift from being a student-athlete to a taxable entity requires a steep learning curve in financial literacy and tax compliance. Many athletes may lack the necessary resources or guidance to manage these responsibilities effectively. The NCAA should recognize this dramatic change and consider altering its fiduciary duty, or that of the universities, toward student-athletes by providing them with legal and tax consultation. This support could include workshops on financial literacy, access to professional advisors, and tailored resources to help athletes understand and fulfill their tax obligations. By taking these steps, the NCAA and universities can better support student-athletes in managing their new financial realities and responsibilities.”

READ MORE: Big NIL deals bring cash — and alarms about financial literacy

The need for education

Financial advisors frequently covet athletes and entertainers as clients, but those customers often must overcome errors tied to their wealth before they begin tapping into tax savings methods on the level of, say, Shohei Ohtani’s 2023 deal with the Los Angeles Dodgers

NIL money poses a lot of the same challenges with sudden wealth that can come up with early career doctors, according to Palash Islam, the founder of San Ramon, California-based Synergy Financial Group and a onetime front-office employee with the National Basketball Association franchise then called the Seattle SuperSonics. In addition, his daughter is following in his footsteps as a student manager with the men’s basketball team at his alma mater, the University of Washington Huskies. 

Islam’s practice works with many professional athletes.

“I don’t even mess with players on their first contracts because there will be so many mistakes that will be made that it’s not worth it. You get them on the second,” he said. “It’s just challenging when you’re 21, 22 to be able to manage your money and to make it last.”

The athletes often struggle to look past the question of the size of their NIL pay, to the detriment of other aspects including long-term tax and planning implications, and athletic programs can find “only so many hours of practice” or NCAA-regulated meeting times to devote to financial literacy, according to Pat Brown. A former all-conference linebacker with the University of Kansas Jayhawks, Brown is now a 23-year veteran wealth manager with Creative Planning at the firm’s Will & Trust Center and the founder of an organization called Financial Literacy For Student Athletes. He provides financial coaching and education to teams at KU and more than a dozen other universities.

“Having these conversations with them, I know it’s falling on deaf ears, because, ‘I just want to play ball, I just want to get paid.’ At a certain point I’m not able to be in front of them enough to get them to realize how important it is,” Brown said. “Now it’s upon these kids to take time out of their schedule to either sit down with someone like me or sit down with any financial professional. Some of these guys are making quite a bit of money.”

Under NCAA rules, the athletes must inform their colleges of their NIL deals and perform “legitimate services” in exchange for the money, and they’re allowed to hire professional advisors, agents or marketing representatives, according to Narotzki and Brauner. Schools can and do offer the athletes resources and education, but the colleges are not permitted to seek or negotiate NIL deals for the athletes. Firms like Merrill and Morgan Stanley are investing resources aimed at finding potential clients, and financial technology companies are expanding their tools for NIL planning. However, the tax implications pose a lot of complexity.

“The era of name, image and likeness agreements has catapulted collegiate sports into a new dimension, offering student-athletes opportunities to profit from their personal brands,” former University of Miami Hurricanes basketball player Justin Heller, the founder of Heller Private Wealth, wrote in a piece for Financial Planning last year. “Yet, this financial windfall comes with a hidden peril: an array of tax obligations threatening to entangle unprepared student-athletes in potentially daunting tax situations that many are ill-equipped to handle.”

READ MORE: Giving student-athletes a running start through financial literacy

Case study and policy recommendations

That’s why there is “a critical need for educational programs and resources to help student-athletes understand their tax obligations,” and universities, boosters and financial advisors “should collaborate to provide comprehensive tax education and support” in a manner comparable to programs developed through the National Football League Players’ Association, according to Narotzki and Brauner. They could also use some practical advice on the rules specific to NIL pay from the IRS, they wrote.

“While the IRS has provided some general guidelines on self-employment and freelance income, specific guidance on NIL earnings remains limited,” Narotzki and Brauner wrote. “This ambiguity can lead to confusion and unintentional non-compliance among student-athletes, who are already at a built-in disadvantage and are more vulnerable and susceptible to finding themselves in non-compliance with the law.”

As part of their analysis of the key tax questions tied to NIL pay and their study of Jane Doe’s situation, they delved into seven different self-employed business owner classification strategies for her compensation. 

A sole proprietorship or a revocable trust came with the biggest tax liability at $75,056, followed by an S-corporation with an irrevocable trust that retained all her earnings ($68,393.50), an irrevocable trust that retained the income ($67,693.50), an S-corporation that distributed part of the earnings to another beneficiary ($57,940), an S-corporation with a revocable trust ($56,100) and, at the lowest end of the spectrum, an irrevocable trust with distributed income ($42,240). Besides the estimates of the federal, state or local and payroll taxes, each strategy brings added costs for hiring professionals to help file returns or create those entities, the requirement for careful recordkeeping of all earnings and expenses and a far-reaching search for any possible deductions or credits, Narotzki and Brauner wrote.

“Both sole proprietor and revocable trust calculations result in the same tax liability since the income is taxed to Jane,” they wrote. For the irrevocable trust, distributing income to beneficiaries results in the lowest tax liability. The S-corporation provides significant tax savings compared to a sole proprietorship. The S-corporation with an irrevocable trust can offer additional tax savings if dividends are distributed to beneficiaries in a lower tax bracket but may result in higher taxes if income is retained in the trust. Using an S-corporation alone provides substantial tax savings compared to a sole proprietorship, whereas adding an irrevocable trust to the S-corporation structure can result in further tax savings if dividends are distributed to beneficiaries with lower tax rates.”

READ MORE: Free NIL Long Game course teaches NCAA athletes financial literacy

The outlook for NIL and taxes

Only a “few and far between” colleges have developed resources to explain the potential of such sophisticated planning strategies for athletes, according to Brown.

“I just would hope that more kids are looking for this exposure, especially the kids who realize that they can make some life-changing money. Not everyone is going to go to the league,” Brown said. “As young as they are, it’s going to compound, and time is on their side. … If they don’t understand taxes or how to mitigate tax as much as possible, then that can definitely be harmful as well.”

In order to guide the student-athletes through the implications of their legalized earnings, the IRS should ramp up its guidance on the regulations for NIL earnings, the universities ought to give them tax education as part of their athletic program and the NCAA must create a standard level of tools for planning and compliance, Narotzki and Brauner wrote.  

“Understanding the tax implications of NIL earnings is crucial for college athletes like Jane to maximize their financial opportunities and comply with tax laws,” they wrote. “This case study highlights the complexity of tax responsibilities and the need for better education and resources. By addressing these challenges, we can ensure that athletes are well-prepared to manage their NIL income effectively.”

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Accounting

Lutnick’s tax comments give cruise operators case of deja vu

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Cruise operators may yet avoid paying more U.S. corporate taxes despite threats from U.S. Commerce Secretary Howard Lutnick to close favorable loopholes. 

Lutnick’s comments on Fox News Wednesday that U.S.-based cruise companies should be paying taxes even on ships registered abroad sent shares lower, though analysts indicated the worry may be overblown.

“We would note this is probably the 10th time in the last 15 years we have seen a politician (or other DC bureaucrat) talk about changing the tax structure of the cruise industry,” Stifel Managing Director Steven Wieczynski wrote in a note to clients. “Each time it was presented, it didn’t get very far.”

Industry shares fell sharply Thursday. Royal Caribbean Cruises Ltd. closed 7.6% lower, the largest drop since September 2022. Peers Carnival Corp. and Norwegian Cruise Line Holdings dropped by at least 4.9%.

All three continued slumping Friday, trading lower by around 1% each.

Cruise companies often operate their ships in international waters and can register those vessels in tax haven countries to avoid some U.S. corporate levies. It’s exactly those sorts of practices with which Lutnick has taken issue. 

“You ever see a cruise ship with an American flag on the back?,” Lutnick said during the interview which aired Wednesday evening. “They have flags like Liberia or Panama. None of them pay taxes.”

“This is going to end under Donald Trump and those taxes are going to be paid.” He also called out foreign alcohol producers and the wider cargo shipping industry. 

The vessels are embedded in international laws and treaties governing the wider maritime trades, including cargo shipping. Targeting cruise ships would require significant changes to those rule books to collect dues from the pleasure crafts, analysts noted. The cruise industry represents less than 1% of the global commercial fleet, according to Cruise Lines International Association, an industry trade group.

They also pay significant port fees and could relocate abroad to avoid new additional taxes, according to Wieczynski, who sees the selloff as a buying opportunity. 

“Cruise lines pay substantial taxes and fees in the U.S. — to the tune of nearly $2.5 billion, which represents 65% of the total taxes cruise lines pay worldwide, even though only a very small percentage of operations occur in U.S. waters,” CLIA said in an emailed statement. 

Should increased taxes come to pass, the maximum impact to profits would be 21% on US earnings, Bernstein senior analyst Richard Clarke wrote in a note. That hit wouldn’t be enough to change their product offerings, though it may discourage future investment. Recently, U.S. cruise companies have spent billions beefing up their operations in the U.S. and Caribbean. 

Cruise lines already employ tax mitigation teams that would work to counteract attempts by the U.S. to collect taxes on revenue generated in international waters, wrote Sharon Zackfia, a partner with William Blair.

Royal Caribbean did not respond to requests to comment. Carnival and Norwegian directed Bloomberg News to CLIA’s statement. 

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Accounting

AI in accounting and its growing role

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Artificial intelligence took the business world by storm in 2024. Content creation companies received powerful new AI-powered tools, allowing them to crank out high-quality images with simple prompts. AI also helped cybersecurity companies filter email for phishing attempts. Any company engaging in online meetings received an ever-ready assistant eager to show up, take notes and highlight the most important talking points.

These and countless other AI-driven tools that emerged during the past year are boosting efficiency in virtually every industry by automating the tasks that most often bog down business processes. Essentially, AI takes on the business world’s day-to-day dirty work, delivering with more accuracy and speed than human workers are capable of providing.

For accounting, AI couldn’t have come at a better time. Recent reports show that securing capable accounting staff is becoming more challenging due to a high number of retirees and a low number of new accounting graduates. At the same time, globalization, the rise of the gig economy, the shift to remote work and other recent developments in the business landscape have increased both the volume and complexity of accounting work.

As companies struggle to do more with less, AI offers solutions that promise to reshape the accounting world. However, putting AI to work also forces companies to accept some new risks.

“Bias” has become a huge buzzword in the AI arena, forcing companies to consider how the automation tools they bring in to help with processing data may introduce some questionable or even dangerous ideas. There are also ethical issues associated with next-level AI-powered data processing that have some concerned that achieving AI-assisted business efficiency also means risking consumer privacy.

To make AI worthwhile as an accounting tool, companies must find ways to balance gains in efficiency with the ethical risks it presents. The following explores the growing role AI can play in business accounting while also pointing out some of the downsides that should be carefully considered.

AI upside: Increased accuracy and efficiency

Accounting isn’t accounting if it isn’t accurate. Miskeyed amounts or misplaced decimal points aren’t acceptable, regardless of the company’s size or the business it is doing. When the numbers are wrong, the decision-making that relies on those numbers suffers.

Consequently, manual accounting typically moves slowly to avoid errors. Business leaders have learned to wait on financial reporting prepared by hand. They’ve also learned that because of processing delays, they may not have the numbers they need to take advantage of unexpected opportunities.

AI changes the equation by improving the speed and accuracy of reporting. AI-powered data entry automatically extracts numbers from invoices and other financial statements, eliminating the need for manual entry and the mistakes that can occur when an accountant is distracted, tired or just having an off day. AI can also detect errors or inconsistencies in incoming documents by comparing invoices and other documents to previous records, providing a second set of eyes for accounts as they ensure companies aren’t being overbilled or under-compensated.

When it comes to increasing the pace of accounting, AI’s capabilities are truly astonishing. As Accounting Today has reported, in the past, the type of robotic process automation AI empowers can be used to drive automated processes 745% faster than manual processes. And AI accounting programs never clock out or take a lunch break. They work 24/7, even on bank holidays, to keep the books up to date.

AI accounting gives business leaders accurate financial data in real time, meaning they have relevant and reliable accounting intel when they need it rather than requiring them to wait until the end of the month to have a report on where their cash flow stands. It also has the potential to give a glimpse into the future by drawing upon historical data to drive predictive analytics. AI can look at what has been unfolding in a business and its industry to plot the path forward that makes the most financial sense. It’s not exactly a crystal ball, but it’s as close as most businesses should expect to get.

AI upside: More time for high-level engagement

As AI began to make inroads in the business world, experts warned it would ultimately replace hundreds of millions of jobs. While the consensus seems to be that AI doesn’t have what it takes to replace an accountant, it certainly has the potential to reshape the profession in a positive way.

The manual work typical of conventional accounting is tedious, tiresome and time-consuming. Doing it well eats up much of the energy accountants could otherwise apply to higher-level activities. By using AI automation for those tasks, accountants gain the resources needed for high-level engagement.

Accountants who partner with AI gain the capacity to shift their role from bookkeeper to financial advisor. Rather than focusing all of their energy on preparing reports, they are freed up to interpret the reports. Delegating data entry and other day-to-day tasks to AI allows accountants to become strategic partners with the businesses they serve, whether as in-house employees or external advisors.

Financial forecasting becomes much more doable when AI is in play. Accountants can develop comprehensive financial models that forecast future revenue and expenses. They can also assess investment opportunities, such as determining the viability of mergers and acquisitions, and help with risk management and mitigation.

Tax planning and optimization will also become more manageable once AI automations have been added to the mix. Automating data extraction and categorization streamlines the process of classifying expenses for tax purposes and identifying expenses that are eligible for deductions. AI automation can also be used for tax form completion, adding speed and a higher level of accuracy to a process that very few accountants look forward to completing manually.

AI downside: Higher data security risks

Accountants are well aware of the dangers of data breaches. Allowing financial data to fall into unauthorized hands can lead to financial loss, operational disruption, reputational damage and regulatory consequences. Shifting to AI accounting can potentially increase the risk of data breaches.

Changing to AI accounting often means concentrating financial and other sensitive data and moving it to interconnected networks. Concentrating data creates a target that is more desirable to bad actors. Shifting it to the cloud or other interconnected networks creates a larger attack surface. Both factors create situations in which higher levels of data security are definitely needed.

Addressing the heightened threat of cyberattacks requires a combination of tech tools and human sensibilities. To keep accounting data safe, encryption, multifactor authentication, and regular testing and update protocols should be used. Training should also help accounting teams understand what an attack looks like and how to respond if they sense one is being carried out.

AI downside: Less process customization

Developing the types of platforms that can safely and reliably drive AI automations is not an easy — nor cheap — undertaking. Consequently, many companies choose the economy of “off-the-shelf” platforms. However, opting for a standardized platform could mean closing the door on customized financial workflows a company has developed.

For example, an off-the-shelf platform may not have the option of accommodating the accounting rules of highly specialized industries. It may have a predefined chart of accounts structure that doesn’t fit the structure a company has traditionally used. It also may be limited in the formats that can be used for financial reporting, which could require business leaders to make peace with reports that don’t fit their personal tastes.

To avoid big problems that can surface after shifting to off-the-shelf solutions, companies should make sure to take their time and seek software that can scale with their plans for growth. Like any other technological innovation, AI is a tool meant to support and not supplant a company’s processes. The process of selecting an AI platform to improve accounting efficiency begins with mapping out a company’s unique process and identifying where AI can boost efficiency. If the platform you are considering can’t deliver, keep looking.

AI best practice: Take it slow and learn as you go

The biggest temptation for companies as they begin to embrace AI will likely be doing too much too fast and with too little oversight. Artificial intelligence is a remarkable tech tool, but still in its infancy. Taking advantage of its capabilities also requires managing some risks.

For example, AI has what some experts describe as an “explainability” problem. Developers know what AI can do but don’t always know how it does it. Companies that feel compelled to provide their clients or stakeholders with a solid explanation of the process behind their AI automations may be limited in how they can put AI to work.

Now is the time to begin integrating AI with your company’s accounting efforts, but take it slow and learn as you go. A solid best practice is to explore what is available, experiment with how it can help your business, and expect to make many adjustments before you arrive at an optimal process. Your accounting efforts will serve you best when they combine human and artificial intelligence.

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Accounting

Ascend adds VP of partnerships

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Ascend, a private-equity backed accounting firm, added a vice president of partnerships to its leadership team.

Maureen Churgovich Dillmore will oversee the expansion of Ascend’s growth platform for regional accounting firms into new U.S. markets, effective Feb. 17. She was previously executive director of the Americas at Prime Global. Prior, she was executive director at DFK International/USA.

“I have dedicated a large part of my career to supporting firms that want to remain independent. The dynamics of achieving success in this area are evolving rapidly, and the Ascend model was created so that firm identity would not be at odds with accessing the community and resources needed to prosper. I am genuinely impressed by Ascend’s ability to assist mid-sized firms in making the necessary strides to stay relevant, sustain growth, and provide their staff and clients with top-tier shared services—all while preserving their unique brand and culture,” Churgovich Dillmore said in a statement.

Ascend has added 14 partner firms across 11 states since the company launched in January 2023.

Maureen Churgovich Dillmore

Maureen Churgovich Dillmore

“So much of association work is theoretical, advising member firms on best practices, and you don’t get to see the end game. What excites me about being on the Ascend team is the opportunity to be a force behind the change, to help enact the change and see where and how it comes in,” Churgovich Dillmore added.

“Maureen’s decision to join Ascend is rooted in her desire to serve the profession in a way that maximizes her impact. We are all excited to welcome someone into our Company who has been an advisor and friend to mid-sized CPA firms for over a decade, and it is all the more rewarding when you realize that the community and resources we are bringing to life will allow Maureen to have conversations with firms that she’s never had before. Her curiosity, commitment, and deep care for others are going to stand out in this role,” Nishaad (Nish) Ruparel, president of Ascend, said in a statement.

Ascend is backed by private equity firm Alpine Investors and works with regional accounting firms with between $15 and $50 million in revenue. It ranked No. 59 on Accounting Today‘s 2024 Top 100 Firms list, with $126 million in revenue and over 600 employees. 

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