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Services rendered include marketing, not just appearances but including posts on social media promoting the brand. They are being compensated. That’s the point.You're not seeing it. If a person gets a $20k scholarship to apply it to their schooling, it's up to them to apply it where they want, and if there's money left over, do with it as they want. Only a portion of that money is deductible, and that's what's directly for specifics related to education. Anything above that figure is actually taxable. It would fall into the category of income, and applicable to taxes accordingly. Here's the Turbo Tax info regarding it. Taxable Money
Private companies can write off scholarship money. To do it, they basically create a Scholarship Foundation, and fund it. The foundation would determine who gets the scholarships, and reasoning. Once again, the rules of scholarship taxation apply.
Let's assume you want to use an end run around the issue of deductible donor money to the foundation. The foundation simply states they are going to issue scholarships at a specific school for young athletes who are looking to potentially become professional athletes, and or go into coaching. You don't like that rule? Then you should also object to someone who tells another foundation that they want scholarship assistance to become a doctor. It's essentially the same thing. An occupational level that is achieved from education, and also practicing the profession at various levels, and preparing to be able to coach, from experience.
No matter where the scholarship comes from, there are tax implications. Rest assured, the funneling of money will be done above board. They will not kill the goose that lays the golden eggs.
Now, for the athlete getting huge amounts of extra cash through NIL, they can expect to pay taxes on it just like any other stiff working for a buck, and why shouldn't they? If you give $50k to the kid with a scholarship for sports, he's going to pay a healthy share. If you take a non-scholarship kid, and give him $50k, he's going to be able to pay for school, have a few bucks left, and not be saddled with as near as high a tax figure. It all works out fairly.
Next, the issue of "out of state tuition." It's waived for so many students. It will be waived for those kids they want on their teams. Count on it. It's already being done, isn't it? As for the walk-on, he only needs the waiver for one year, because he can become a citizen of the state where the school is, and in year two be automatically granted state residency, as long as he or she does something as simple as getting a drivers license.
Services rendered. Those appearances are nothing more than to show appreciation and gratitude for the money they're getting.
As to scholarships they are only taxable ..
If your scholarship exceeded your "qualified education expenses" for tuition, fees, books, or required equipment and supplies, it is taxable. Note the word exceeds “qualified education expense” so translation, the amount / value of the GIA would have to exceed what the general student population pays. Taxable scholarship amounts include scholarship money used to pay. Rent or board, Utilities. Translation…living off campus. FWIW stipends are taxable as a 1099 expense
As to residency requirements it’s a state by state mandate. Florida is …To be eligible for in-state tuition, the student or parent must have been a Florida resident, as defined by state law for tuition purposes, for at least 12 consecutive months prior to the first day of the term. Texas is a bit different. Residency for admission and tuition purposes at a public college or university in Texas is different from residency for voting or taxing purposes. To qualify as a Texas resident, an individual must 1) reside in Texas for one year prior to enrollment and 2) establish a domicile in Texas prior to enrollment.
As to educational deductions, doubtful a walk on could take the credit. His parents probably claim the kid as a dependent and since they pay for his bills would claim that on form 8863 (a friend of mine does this), you can’t double dip.
The NCAA nosed around on the BYU thing and it passed their smell test. That alone clearly showed no inducement.
And in full transparency..waivers are available which also vary by state
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