The world is not enough –
NIL income is considered self-employment income and there have been a number of talking heads expressing concern about the education or lack thereof for student athletes as it relates to their potential tax liabilities from NIL deals.
I looked at two cases where some speculative NIL numbers have popped up. First the case of the $2m per year California QB and second the receiver from Chicago who is rumored to be getting $105k per month.
Taxes are a shock to almost everyone starting their first job or earning their first taxable income but the shock for an 18 year old earning in excess of $1m per year would probably be worth the price of a ticket to witness. I remember the first time I had to pay taxes. I was in high school in the early 70’s and my aunt had prepared my return. She was in the business. Anyway, I think I argued with her for at least three days on why someone could take my money like that. I lost the argument.
As a minimum these kids will have to pay federal income taxes, FICA (social security) taxes, and Medicare taxes. They may also have to pay state income taxes and in some jurisdictions local (city) income taxes. For example in California the state income tax rate is 13.3% but the only city with an income tax in the state is San Francisco. In Illinois the state income tax is 5% and Chicago doesn’t have a city income tax.
Said student athlete can avoid prior residence state income tax if he or she can establish residency in a new state, one that doesn’t have a state income tax, say for example, Tennessee. The Secretary of State’s office for Tennessee lists the documentation to claim residency and it’s fairly easy with a lot of options for documentation. The simplest looks like a Tennessee driver’s license and proof of residency in university housing. Among the other several options for documentation are voter registration or vehicle registration. Only two sources are required for documentation of residency in the state of Tennessee.
FICA taxes in 2023 are estimated to be 12.4% of the first $156,000 earned. Medicare taxes are 2.9% of the first $200,000 earned and 3.8% (2.9+0.9) on all income over that first $200k. There is a special 0.9% Medicare tax assessed on high earners.
Only Tennessee, Texas, and Florida are states in the SEC without a state income tax. While some states have a flat rate and others a graduated rate, the threshold for the highest rate to kick in is extremely low so I’m only listing the applicable rates. Georgia’s rate is 5.75%, Alabama is at 5% and so is Kentucky and Mississippi. Arkansas is at 5.5%, Missouri 5.3%, South Carolina at 7.0% and Louisiana at 4.25%. I’ll assume we include this info in our recruiting pitch. I would and my 16 year old self definitely would. jmo.
I used online sources and online calculators to estimate the taxes on the speculative NIL deals for the fictitious California QB and the fictitious WR from Chicago. YMMV. jmo.
One more thing. Since our example student athletes don’t have an employer withholding taxes from their paychecks they will be required to pay taxes quarterly (1099). Imagine sitting down to write a check to Uncle Sam for up to a couple hundred thousand or so every three months. I find it hard to believe than any 18 year old isn’t going to put up at least as much a fight as I did at 16 years old, and in my case, for a whole lot less money. jmo.
These estimates assume the student athlete files his return based on his parent's current place of residency.
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Remember this kids, Al Capone was directly or indirectly responsible for over 400 murders but the Feds could never nail him on a single one of them; however, they had no problem at all sending him to jail for failing to pay his taxes. TIFWIW. lol