The NIL
Tax Playbook
Free, expert guidance on the tax side of name, image, and likeness income for student-athletes and the people who support them.
Two webinar sessions led by tax experts, available anytime.
Practical guidance for high school and college athletes earning NIL income.
Resources for parents, coaches, athletic directors, and advisors.
Presented by the American Tax Policy Institute and the American Bar Association Section of Taxation, the free two-part webinar series provides student-athletes and their families with practical guidance on the tax implications of NIL earnings—from what constitutes taxable income to filing requirements, self-employment tax, and estimated payments. Kogod Tax Policy Center Managing Director Caroline Bruckner played a leading role in developing the series and moderated Part 1, helping bring the Center’s longstanding commitment to tax literacy and public education to this emerging tax issue. Promoting the NIL Taxation Playbook reflects Kogod’s broader commitment to expanding public understanding of the nation’s tax laws.
The Playbook is educational and does not constitute tax advice. Student-athletes should consult a qualified tax professional about their specific circumstances.
Watch the Series
Each session runs about an hour and is available on demand through YouTube and the ABA Section of Taxation.
Part 1: The Basics
An introduction to the NIL landscape and the tax concepts every student-athlete should know, including what counts as taxable income, filing requirements, self-employment tax, estimated payments, and how to choose a tax advisor. Moderated by Caroline Bruckner, managing director of the Kogod Tax Policy Center.
Part 2: Beyond the Basics
A closer look at seven frequently asked questions, including dependent status, business entities, international student-athletes, state tax returns, and guidance for athletic departments. Moderated by Katherine Pratt, John E. Anderson Professor of Tax Law, LMU Loyola Law School.
Part 1: The Basics
Part 2: Beyond the Basics
Meet the Experts
The NIL Tax Playbook features tax attorneys, practitioners, and faculty who advise student-athletes and their families, along with specialists in college athletics.
Part 1: The Basics
Part 2: Beyond the Basics
Caroline Bruckner, Moderator
Managing Director, Kogod Tax Policy Center, Kogod School of Business, American University
Frank Agostino
Kostelanetz LLP; Agostino & Associates PC, Hackensack, NJ
Derek Ganter
IRS (appearing in his capacity as a parent of a student-athlete earning NIL income)
Sarah Green
Senior Managing Associate, Dentons Sirote, Birmingham, Alabama
Katherine Pratt, Moderator
John E. Anderson Professor of Tax Law, LMU Loyola Law School
Yariv Brauner
Hugh Culverhouse Eminent Scholar Chair in Taxation, Levin College of Law, University of Florida
Nathan Goldman
Professor of Accounting, Poole College of Management, NC State University
LaKeisha Marsh
Chair, Higher Education and Collegiate Athletics Practice, Akerman
Doron Narotzki
Professor, George W. Daverio School of Accountancy, University of Akron
Robert Raiola
Director of the Sports and Entertainment Group, PKF O’Connor Davies
The Panel's Rule of Thumb
30–35%
Set aside 30 to 35 percent of every NIL payment for taxes, including the value of products and other non-cash items.
- Read Every ContractReview agreements before signing, and put informal deals in writing.
- Keep RecordsLog cash and non-cash payments as they happen, including screenshots of sponsored posts.
- Get Help EarlyConsult a tax professional when the first deal comes in, not at tax time.
NIL Taxes by the Numbers
NIL payments typically arrive without any tax withheld, which means student-athletes are responsible for setting money aside and paying what they owe.
Social Security and Medicare tax on net NIL earnings, in addition to income tax.
Net self-employment earnings that require a federal return, even for dependents.
Quarterly tax payments due each year on NIL income.
Figures reflect the 2026 tax year and are provided for educational purposes.
Does a Student-Athlete Need to File?
Two separate tests determine whether a student-athlete must file a federal return: the $400 self-employment tax threshold and the income tax filing threshold for a single filer, which is $16,100 in 2026 for a dependent with only earned income. Also, if a student-athlete is claimed as a dependent they can still be required to file if they have earned income greater than $1,350 (or $450 plus earned income).
Earnings fall below both thresholds.
Earnings fall below the income tax threshold but exceed $400, so the student-athlete must file and pay self-employment tax.
Earnings exceed both thresholds. The student-athlete owes both taxes and should make quarterly estimated payments.
Examples from Part 2 assume a full-time student not claimed as a dependent and filing as single. Thresholds apply to the calendar year, not the academic year.
What Counts as Income
Answers are drawn from the NIL Tax Playbook webinar series and are provided for educational purposes only.
Yes. Under the Internal Revenue Code, income includes “all income from whatever source derived.” Endorsements, sponsorships, social media promotions, appearance fees, autograph signings, and merchandise sales are all taxable.
Generally, yes. Items received in exchange for a service, such as a social media post, commercial, or appearance, are taxable at their fair market value on the date received. For example, the use of a vehicle provided in exchange for promotional work is considered compensation, not a gift. Barter arrangements are also taxable.
NIL income must be reported whether or not a Form 1099 is issued. Because some payers do not send one, particularly for informal agreements or app-based payments, student-athletes should keep their own records.
Scholarship amounts used for tuition and required fees are generally excluded from income. Amounts for housing and meals are generally taxable, as are payments for services. Revenue-sharing payments are taxable income.
Filing and Paying Taxes
In most cases, no. Most NIL income is treated as independent contractor income, so no taxes are withheld. Student-athletes are responsible for setting money aside and paying the taxes they owe, much like a small business owner.
Self-employment tax covers Social Security and Medicare for individuals who work for themselves. It is 15.3% of net earnings and is owed in addition to federal income tax. Anyone with net self-employment earnings of $400 or more in a calendar year must file a federal return, regardless of age or dependent status.
Yes. Dependent status and filing requirements are determined by separate tests. Parents may continue to claim a student-athlete as a dependent while the student-athlete files a separate return to report NIL income and self-employment tax.
NIL income alone does not end dependent status. The key factor is support: whether the student-athlete provides more than half of their own support, such as housing and food. Families should review this with a tax professional before filing.
Because taxes are not withheld from NIL income, student-athletes are generally expected to make estimated tax payments four times a year. Missed payments can result in penalties and interest, even if the full amount is paid by the April filing deadline.
Self-employment tax is based on net earnings, meaning NIL income minus ordinary and necessary business expenses. Panelists noted costs such as agent fees and certain training expenses. Student-athletes should keep receipts and confirm eligible deductions with a tax professional.
It can. Additional reported income may affect FAFSA results and eligibility for federal aid, including Pell Grants. Student-athletes should consult their financial aid office as well as a tax professional.
State Taxes, Business Entities, and Special Cases
Generally, student-athletes file in their state of residence and in the state where their school is located and they perform NIL services. Unlike professional athletes, student-athletes generally do not file in every state where they compete. State rules vary, so student-athletes should confirm requirements with a tax professional.
Arkansas was the first state to exempt NIL compensation from state income tax, and other states are considering similar measures.
A single-member LLC does not, on its own, reduce income tax or self-employment tax. It can, however, help with contracts, separate recordkeeping, and continuity for student-athletes building a brand they plan to continue after college.
An S corporation election can reduce self-employment tax, but it requires paying a reasonable salary, running payroll, and additional filings and costs. Panelists recommended considering it only for substantial, recurring NIL income and only after a tax professional models the costs and benefits.
Tax residency for international student-athletes is determined by a day-count test, not by visa or citizenship status. Nonresidents may be subject to withholding of up to 30% on certain payments, which may be reduced under a tax treaty, and cannot own an S corporation. International student-athletes should seek specialized guidance and take care to protect their immigration status.
Research presented in Part 2 found that since NIL took effect, college basketball teams in states with low income tax rates have won about three more games per season than teams in high-tax states.
Recordkeeping and Getting Help
Student-athletes should keep records of every payment, item received, and contract. Recordkeeping apps make it easy to log income as it happens, including screenshots of sponsored posts. Panelists also recommend a separate bank account for NIL income and expenses.
Social media activity is public, and the IRS can review it. Differences between a student-athlete's online activity and the income reported on a tax return may draw scrutiny.
Panelists advised caution. AI tools can repeat inaccurate information found online, including arguments that NIL income is not taxable. IRS.gov is a reliable starting point, and a qualified tax professional can confirm how the rules apply.
IRS.gov offers guidance on choosing a tax professional, including red flags to watch for. Student-athletes may work with a CPA, enrolled agent, or tax attorney, depending on the complexity of their situation. Be cautious of any advisor whose advice sounds too good to be true.
IRS.gov offers an NIL resource page, a directory of tax preparers, and free filing assistance through the Volunteer Income Tax Assistance (VITA) program and IRS Free File. The Taxpayer Advocate Service also provides resources.
For Coaches and Athletic Departments
Athletic directors and staff can provide general education, for example that NIL income, including non-cash benefits, is generally taxable, and can encourage recordkeeping and saving for taxes. They should not provide individualized tax, accounting, or legal advice.
Staff should not review tax returns or contracts, calculate how much a student-athlete should set aside, classify income or deductions, or downplay non-cash compensation and state tax obligations.
Departments can maintain a vetted list of qualified tax professionals while making clear that the choice of advisor belongs to the student-athlete. Consistent messaging and written disclaimers help set appropriate boundaries.
Institutions can offer financial and tax literacy programming for all students, including student-athletes, covering recordkeeping, budgeting, self-employment tax, and estimated payments. The NIL Tax Playbook can be shared as part of that effort.
Media Inquiries
Members of the media can contact the Kogod Tax Policy Center to speak with Caroline Bruckner or other Playbook panelists.
Kogod Tax Policy Center
American University's Kogod School of Business
4400 Massachusetts Avenue, NW
Washington, DC 20016
(202) 885-1900
For quotes or to request an interview, please contact a Public Relations Manager at aumedia@american.edu or (202) 885-5935.
Managing Director Caroline Bruckner can comment on:
- Tax implications of NIL income
- Tax literacy for students and young earners
- Gig economy and small business taxes
- Tax reporting and compliance
- Congressional tax policy and procedure
Important Information
The NIL Tax Playbook and this FAQ are provided for general educational purposes only. They are not tax, legal, accounting, or financial advice, and their use does not create a professional relationship with American University, the Kogod School of Business, or any speaker. Tax rules depend on individual circumstances and change frequently. Dollar thresholds reflect the 2026 tax year, and information is current as of October 2026. Please consult a qualified tax professional about your specific situation.
Speakers participated in their individual capacities. Their views are their own and do not necessarily reflect those of American University, the American Tax Policy Institute, the American Bar Association, their employers, or any government agency. Links to external websites are provided for convenience; American University does not control or endorse their content. Mention of any type of tax professional or resource does not constitute an endorsement.