The Business of NIL: Legal and Tax Implications for Colleges and Universities

Alexandra Mitchell - RSM US LLP

The landscape of Name, Image, and Likeness (NIL) continues to evolve rapidly, with significant implications for higher education institutions, athletic departments, and student-athletes. This session will provide a timely and practical update on the latest developments in NIL, including the IRS’s current position on NIL collectives and the legal considerations surrounding institutional involvement.

Led by two experienced tax attorneys, this session will explore how recent IRS guidance affects the tax-exempt status of NIL collectives, what constitutes a legitimate business purpose under current NCAA rules, and how institutions can navigate compliance risks. We’ll also discuss the potential impact of the NCAA’s proposed revenue-sharing model and the legal frameworks shaping the future of NIL.

To keep the session interactive, we will incorporate real-world case studies, live polling, and a Q&A segment to engage attendees in discussion. Participants will leave with a clearer understanding of how to support student-athletes while maintaining institutional integrity and compliance.

Whether you're in finance, compliance, or legal affairs, this session will equip you with the insights needed to navigate the complex and changing NIL environment.

Learning Objectives

  1. Identify key legal and tax developments related to NIL, including recent IRS guidance on NIL collectives and their implications for institutional compliance.
  2. Evaluate the risks and responsibilities of institutional involvement in NIL activities, using real-world case studies and current NCAA policy interpretations.
  3. Apply practical strategies to support student-athletes and manage NIL-related operations within their institutions’ legal and financial frameworks.

CPE Available

  • 1 Credit: Taxes